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Henry County zoning board denies variance for accessory structure at 4304 Ralph Court
Summary
The Zoning Advisory Board denied a variance request for a backyard accessory structure at 4304 Ralph Court, finding the setback encroachment was self-created and raised fire-safety and permit concerns.
The Henry County Zoning Advisory Board on May 8 denied a variance request to reduce side and rear setbacks for an accessory structure at 4304 Ralph Court in McDonough.
Staff told the board the applicant sought to reduce required side and rear yard setbacks from 10 feet to 1.2 feet and 2.9 feet, and recommended denial because the hardship was self-created. “Staff recommends denial as the hardship was self created by the applicant,” Planner Heidi Lighthood told the board.
The applicant, Alan Graham, said he moved from New York and learned only after construction that permits were required. “If I had known that I should have, get a permit for the shed, I would have to do so because I would not want to put myself in this dilemma,” Graham said. Graham said his neighbor, an HOA board member, submitted paperwork for him and he believed the shed had HOA approval.
Neighbor Angelita Smith, who said she had served on the HOA board, told the board the structure built in 2024 was not what she had approved in 2016. “This is not what he submitted to the board at that time. This is definitely a completely different structure,” Smith said.
Board member Bien moved to deny the variance; the motion was seconded by Risher and carried unanimously.
The denial means the applicant may appeal to the Henry County Board of Commissioners or pursue superior-court review; staff said if all appeals fail the structure must be removed or brought into compliance.
The board recorded the case as VR2501. The planner also noted a code-enforcement complaint that the applicant had poured a concrete slab and begun construction without permits in August 2024 and later filed a building-permit application in March 2025.
