DINA appeals city ruling, seeks to protect 24 trees on DI Drive

The fight to save trees on Daniel Island targeted for removal isn’t over just yet.

 

The Daniel Island Neighborhood Association challenged a ruling by a Charleston zoning board that gives a Georgia developer the go-ahead to cut down a row of protected trees along Daniel Island Drive.

 

The neighborhood association filed a petition in a South Carolina civil court on Aug. 4, appealing a decision by the Charleston Board of Zoning Appeals that granted Holder Properties a variance to clear 24 mature trees for its townhome construction within its new Nowell Creek Village community.

 

A city ordinance prevented the builder from removing the trees until Holder representatives convinced the zoning board otherwise in a July 2 hearing. 

 

DINA, a volunteer-based organization that labels itself as the recognized voice of all Daniel Island residents, is seeking a “pre-litigation mediation” with the city, arguing that its zoning board “erred in finding that (Holder Properties) met the hardship test required to grant a variance” to take down trees.

 

The hardship test requires an applicant to show, among other things, that a variance, or exception to an ordinance, will not be of “substantial detriment to the public good.”

 

“Removing trees without satisfying the strict standards of the variance unnecessary hardship test goes against the City’s policy,” reads the petition, which was filed by the Austin and Gowder law firm.

 

“The removal of these trees will cause environmental and visual harm to the residents of Daniel Island, many of whom spoke and shared their views at the hearing.”

 

The petition further states, “There was no evidence that removing these existing trees would benefit the community, and the board erred in making this decision, despite substantial evidence contradicting it.”

 

More than 600 public comments, the majority from Daniel Island residents, were submitted online opposing the tree removal prior to the hearing. 

 

DINA is not affiliated with the Daniel Island Property Owners’ Association, which collects yearly dues from residents, so the nonprofit group is relying on members and donations to fund the challenge.

 

“We are raising a dedicated legal fund for this appeal, and ask that you additionally pledge what you can,” reads an email sent to DINA subscribers on Aug. 12. 

 

“As an entirely volunteer and donation-funded organization, the only way that we can support this legal battle is with your contribution.”

 

The Daniel Island News reached out to the City of Charleston and Holder Properties for comment and will provide updates as they become available.