Harden Street house sparks zoning debate, redevelopment concerns

A house on Harden Street is the focal point of a zoning and redevelopment dispute.

The Spigner-Witten house, located at 427 Harden St. near Five Points, stands on a property zoned RM-1 for residential mixed-use. The house is for sale, and if bought, could be torn down and replaced.

Nearby residents are concerned the current zoning would allow the property to be turned into apartments – something true for surrounding lots now home to large single-family houses.

“The rumor was that that house was being sold to developers who were going to develop a fairly dense project,” said Kit Smith. president of the nearby Wales Garden Neighborhood Association. “Maybe eight to 10, to even more housing units that would then trigger a lot of those houses being torn down on that street, and more density going in.”

The dispute is part of a conflict over student rental housing growth in Columbia, home to the 36,000-student University of South Carolina. Residents of historic neighborhoods are concerned student housing will spread into their neighborhoods and devalue their homes, create parking issues and erode the fiber of their neighborhoods, Smith said.

Columbia City Council discussed rezoning the home to prevent apartments during a Feb. 18 meeting.

Residents who attended endorsed the idea of council rezoning the property to RSF-2, or residential single family. That zoning would limit the property to only a single-family dwelling.

Local attorney Toby Ward attended to argue against the rezoning but didn’t say outright that he was representing the property’s owners.

If the property were rezoned, it would qualify as spot zoning, Ward said. Spot zoning is when a single property is selected for zoning that differs form surrounding properties.

“To justify this unjust result, (city) staff has ingeniously decided to rope this lot in with the zoning across the street,” Ward said. “But the zoning on this side of the street is all RM-1, and so I don’t think that’s really a good idea or a good policy for City Council.”

Ward warned the council of the potential financial consequences of rezoning.

“I think, if it happens, (it’s) going to be a regulatory taking, which can have financial consequences for the city,” he said.

A regulatory taking is when a court decides that a government body, such as the council, has restricted the development rights of a property owner. City Councilman Will Brennan described Ward’s remarks as “light threats.”

Ward said if one property were rezoned, the whole street should be rezoned. After considering that, Brennan agreed.

The residents clapped loudly. And some adjacent property owners rose to speak in favor of rezoning the street, including their homes.

Katelyn Heyward, who lives next door to the Spigner-Witten House, wanted the property rezoned to protect the value of her home, she said.

“I have spent hundreds of thousands of dollars replacing plaster, replacing roofs,” she said. “If this property next door turns into mixed-use, we’re going to lose our investment. Totally.”

Heyward said she would agree to rezone her property if necessary.

Francis Goldstein, owner of a property on Harden Street, said he was surprised to learn of the mixed-use zoning of the homes on his street.

Council unanimously approved of rezoning the house on the first of two readings. To be passed, the amendment must be approved on a second reading scheduled for March 13.

Brennan reminded everyone the rezoning wouldn’t prevent someone from buying the house and tearing it down.

Mayor Daniel Rickenmann said the planning commission can discuss all options to protect the house.

Council meets at 4 p.m. March 13. The public is welcome to speak.