Board approves variance to remove specimen loblolly pine for driveway replacement in Leamington

The Beaufort County Board of Zoning Appeals voted to grant a variance allowing homeowner John Paysinger to remove a specimen loblolly pine that staff and an arborist determined is damaging his driveway and encroaching on a garage foundation.

Taylor Logan, development services manager, presented staff findings on variance VAR-000863-2026 and said the tree meets the local specimen threshold: "lobbly pine is considered specimen at 35 inches diameter breast height the subject has been determined by an arborist as 38 inches," and described how the tree's critical root zone overlaps the driveway. Logan told the board that strict application of the LMO would limit the owner's ability to replace the driveway and that mitigation and Arbor Review Board (ARB) conditions apply.

Applicant John Paysinger told the board the home's original concrete slabs are lifting and that he later learned "the roots are encroaching on the foundation of our garage," and said he plans to keep the driveway's original footprint and use pavers, which are easier to repair if roots continue to intrude. In response to board questions, Paysinger said the Leamington ARB requires planting mitigation and that the ARB specified a 65-gallon live oak to replace the removed specimen, which may be planted elsewhere on the property.

Board members debated competing concerns: Amy Fee warned of precedent, saying, "If we start taking trees down that are supposed to be protected for driveways, maybe we can alter the driveway design," while other members emphasized safety and the arborist's report and noted the claimed foundation impact. Following discussion, the board adopted staff findings by reference, concluded the LMO criteria were satisfied, and approved the variance by roll call vote (majority for, one dissent).

The applicant must obtain any required permits and comply with Leamington ARB mitigation conditions, including planting the specified replacement tree. The hearing record cites LMO standards and variance number VAR-000863-2026; the town did not offer a rebuttal during the hearing.