• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can a zoning board legally change it's decision?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

alljams2001

Junior Member
What is the name of your state? South Carolina

Hi,

I was wondering if a zoning board can legally change it's decision after it's approved something.

In 2008, I bought a piece of property. It had a stick built garage on it, and before I paid for it, went to the town hall and presented my intention to turn the garage into a living space. They approved it, and have the letter stating so. About 3 months later, I lost my significant other, my job, and had no money to finish it. I had paid taxes on the property the whole time, had permits, an approval application from the town, etc.
Now I'm finally back on my feet, and want to finish, but the "town" is giving me a hard time of it. Water and power was turned on when I got the property, but had to be turned off when I lost my job, and had to move in with my son. Now they're saying before they can turn my water back on, they have to "revisit" the situation.

I paid 4,000.00 for the property, have gotten numerous permits, deposits, etc. It's 85% complete. Now they want to do this AFTER it was approved, 6 years ago. Can they legally change their mind?
Thanks for reading, and any advice will be appreciated.
 


justalayman

Senior Member
what is the issue with the permission or denial? What is not proper about the issue that they would or could refuse to allow you to proceed?
 

alljams2001

Junior Member
what is the issue with the permission or denial? What is not proper about the issue that they would or could refuse to allow you to proceed?
This was the email I received today about the issue. This is from the town's administrator.

"I am waiting to hear from the Inspector about the rear set back, which, I mentioned was a concern. I have not heard from him, however, I am trying again to reach him. I hope to be able to tell you something today."

Shouldn't this have been checked BEFORE I was given permission 6 years ago? There has been no building around the property, even on the block.
 

justalayman

Senior Member
If there is a setback requirement that is different between a residence and an auxiliary building and the building meets one standard and not the other, unless your permit specifically notates the setback is not compliant but is being allowed, they can say no now but they could have said no back then once the condition was discoveredc
 

alljams2001

Junior Member
If there is a setback requirement that is different between a residence and an auxiliary building and the building meets one standard and not the other, unless your permit specifically notates the setback is not compliant but is being allowed, they can say no now but they could have said no back then once the condition was discoveredc
The only additional requirements in the permission are stated as follows: "The property is zoned for single family
residence. If the garage is converted into a cottage, it cannot be used for anything other than single family residence. Note setback requirements in construction"
We're not adding on to the garage, just converting it.
 

alljams2001

Junior Member
The only additional requirements in the permission are stated as follows: "The property is zoned for single family
residence. If the garage is converted into a cottage, it cannot be used for anything other than single family residence. Note setback requirements in construction"
We're not adding on to the garage, just converting it.


I guess the one thing lacking in my post was patience. I got the email this morning stating that once again we were approved.
I believe the one thing they were looking for was if we were going to add on to the back of the garage. Too close to the property line.
If they had asked, they would have realized the only way to do that would have been to cut one of the 4 old majestic trees on the property.
And that wasn't happening! Those were the reason I bought it to begin with!!
 

STEPHAN

Senior Member
Great that you were approved again.

For the future: Keep in mind that permits expire. New permits have to follow new code.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top