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DeBordieu man requests rear-yard setback change

  • Thursday, August 28, 2014

One resident of DeBordieu Colony may soon be able to extend a room in his house to accommodate his wheelchair.

Georgetown County Planning Commission recommended approval of a request to amend the rear-yard setback for 103 Shearwater Court in the DeBordieu Colony Planned Development Aug. 21.

The request, from Boyd DuMont as agent for Richard Lewis, will be decided by County Council after three readings.

“The particular room we want to widen has a single door opening and my wheelchair could not get through there,” Lewis told Planning Commission members at the meeting.

“I have had double knee replacements. That’s why we need to widen the room.”

Planning Director Boyd Johnson reported that DeBordieu Colony Planned Development is a mixed-use community that consists of many phases.

The property is located in Community One, Phase One consisting of 85 single-family lots.

The approved setbacks for this phase are 40 feet in front, 15 feet on the side, and 50 feet in the rear, based on the approved recorded plat for this Planned Development.

A building permit was issued to Lewis on Dec. 19, 2003.

The permit indicated the approved setbacks for this phase, which are consistent with the plat.

An indenture deed dated Oct. 24, 1986 indicated a rear-yard setback of 20 feet. The house was built to the setbacks on the indenture deed, not to the setbacks on the plat.

Johnson said staff can find no documentation as to why the 50-foot setback was not applied.

“Without any documentation in our records indicating a reduced rear-yard setback, the county would enforce the 50-foot rear-yard setback amount,” Johnson reported.

“County setback requirements take precedence over requirements in a deed as far as setbacks.”

If the deed required greater

setbacks, it would be the Property Owners Association’s responsibility to enforce that requirement.

“The applicant is requesting an addition to the existing Carolina room,” Johnson reported.

“This addition will meet the 20-foot indenture deed setback as the existing building and was built to that reduced setback.”

The building as it exists today would be classified as “non-conforming” according to the most current information.

This classification would limit the improvements that could occur to the building.

Gerald Harmon, an immediate neighbor located on 117 Shearwater Court, wrote a letter in support of this reduced rear-yard setback.

“Please allow us to express our support for the request by Mr. Lewis and his contractor Mr. Boyd DuMont to amend the rear-yard setback for his property on Sheanvater Court which is adjacent to our property,” Harmon wrote.

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