Glynn County panel denies setback variance for Saint Simons Island deck over safety, code concerns

Frank Lynch, the owner of 241 Georgia Street on Saint Simons Island, had his request to reduce the right-side yard setback to 0 feet and keep an expanded deck denied by the Glynn County planning panel.

The panel acted after Glynn County planner Nisi Carroll told members the applicant was seeking relief from “Glynn County zoning ordinance section 701” to expand an existing deck that staff said encroaches into a required setback and the public right-of-way. Carroll told the panel that staff “does not recommend approval due to a self imposed hardship.”

Dave Carver, Glynn County building official, told commissioners the deck was attached to the house without required permits and was not built to code: “it’s illegally attached to the ... house and being supported by 2 4 by 4 posts,” he said, and added that an engineer would have to certify the ledger or additional posts be installed for the structure to be safe. County records shown at the hearing indicate a stop-work order was posted May 8 and that a May 28 inspection found the project essentially complete.

Frank Lynch, the property owner and applicant, said he and his wife recently moved into the house and that the deck work began after he relied on the contractor’s assurances. “I was told by the gentleman helping, put the deck in and stuff that it was okay with setbacks,” Lynch said. He told the panel he halted work after the stop-work order and had asked county staff about temporary stairs for safe egress.

Panel members repeatedly raised safety and right-of-way concerns. One member said the deck’s proximity to the road created a “traffic hazard and a safety hazard” and moved to deny the variance. That motion carried; the panel chair announced the variance was denied. The chair also noted the applicant may appeal the panel’s decision to the Glynn County Board of Commissioners by filing an appeal letter within 30 days; the next available commission meeting was identified as July 17.

The record presented to the panel included the stamped stop-work notice, a site survey, photographs showing the deck and former stair outlines, and staff and building-inspection notes documenting the permit and code violations. County staff advised that, if a property owner seeks to keep the work in place, an engineer’s design or additional structural supports and a proper ledger attachment would be required before a building-division sign-off could be granted.