Henry County upholds zoning board denial; owner must move or remove accessory structure built without permits

The Henry County Board of Commissioners on July 1 upheld a Zoning Advisory Board decision denying a variance request for an accessory structure at 4304 Rolfe Court, finding the structure did not meet minimum setback requirements and was constructed without required permits.

Staff presented the case: the property is zoned Planned Development (underlying POD designation R‑3) and accessory structures are subject to the Unified Land Development Code setback requirement of 10 feet from side and rear property lines. Staff showed site photos and said the existing accessory structure sits about three feet from the side and rear lines. Code enforcement received a complaint on Aug. 27, 2024; the applicant later submitted a building permit application on March 6, 2025. The Zoning Advisory Board denied the applicant’s variance request on May 8, 2025; the owner appealed that denial to the Board of Commissioners.

During the public hearing, staff and code enforcement said construction had continued and a stop‑work order had been placed after the complaint. Code enforcement (Santos) said the owner initially submitted an application for a “tiny home” that was denied, then submitted a different application for a shed; construction continued and code enforcement documented the work and issued a stop‑work order and citation for building without a permit and for being too close to property lines.

The applicant spoke at length, describing family circumstances, saying he intended the structure to “depict my house” and that he had used a neighbor’s guidance on locating property pins. The applicant said his contractor supplied incorrect paperwork and that he had paid fines. In his remarks the applicant said, “I only make this shed to depict my house. It's not a tiny house.”

County commissioners first called for a motion to uphold the zoning board denial, briefly voted and then, at counsel’s suggestion, reconsidered and allowed the applicant to present additional comments. After the applicant’s remarks and further discussion, the Board again voted to uphold the Zoning Advisory Board’s denial of relief from dimensional standards. Staff advised that the applicant may move the structure to comply with the 10‑foot setbacks or remove it; if the applicant appeals the board’s denial to court, the structure may remain in place until the appeal is resolved. Staff also said the applicant has 30 days to initiate a court appeal following denial.