Liberty County tables variance request after dispute over unpermitted storage building

The Liberty County Board of Commissioners on Thursday tabled a public hearing on a request by Jack and Beatrice Tellus for a variance to allow a 12-by-24 storage building in the front-yard setback at 31 Shave Town Lane, saying county staff must first resolve questions about a stop-work order and the building-permit history.

Planning staff described the request as a conflict with the county’s Unified Development Ordinance, which restricts accessory structures to side or rear yards. Planning staff briefed the board that the property fronts both U.S. 17 and a private dirt road called Shave Town Road, that the parcel is zoned A-1, and that a septic field and grade changes at the rear limited where the accessory structure could be sited.

Why it matters: The petition raised questions about ordinance enforcement and whether routine rural character in the area should influence decisions on setback relief. Planning staff and the planning commission recommended denying the variance under the UDO criteria, but the commission asked the commissioners to consider the character of the area in their final action.

At the public hearing, Jack Tellus said the property was purchased from a retail home center and that the previous placement of a rent-to-own building and how the lot was prepared left the family without room in the rear yard.

"We purchased this property from Hinesville Home Center and the house and everything. They did not inform us that the property dropped off in the back," Tellus said. "We just can't afford to move that building. I hope you'll bless us with..." (petitioners’ words edited for brevity).

County commissioners pressed staff and the petitioners about permit history. Planning staff said the building department discovered construction underway without an issued permit; a stop-work order was placed in May. Commissioner Blunt said staff had acted appropriately and that because the stop-work order had been disregarded, he could not recommend approval.

"I can't recommend the variance because you were issued a stop work order to get everything corrected," Commissioner Blunt said. "Had you stopped and come here, maybe we could have worked something out. But it's not right to continue building after a stop-work order."

The Telluses told the board they had paid $400 previously toward a permit for a different rent-to-own unit and that they believed that payment had been handled through a third party; county staff said the payment had been recorded but no permit was issued for that earlier unit.

Action and next steps: After discussion the board voted to table the item to the regular meeting on Nov. 4 to allow county staff to verify the stop-work order documentation and coordinate with the magistrate’s court if enforcement matters remain unresolved. The board instructed staff to follow up with the petitioners and to report back at the November meeting.

The board did not decide on the variance itself; the planning commission’s recommendation of disapproval remains part of the record and will be considered again when the hearing resumes.

Ending: The petitioners may also appear before the magistrate on Oct. 16 on related compliance questions; commissioners asked staff to coordinate with the court and bring any outcomes to the Nov. 4 meeting so the board can make a final determination.