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Store owner asks Covington County to allow canopy that county engineer says encroaches on right-of-way
Summary
Joey Patel asked the commission to allow an extended canopy at his Andalucia convenience store to protect pumps and customers; county engineering staff said the canopy encroaches on county right-of-way and legal counsel said removal notice stands unless the commission votes a variance limited to this case. No variance motion carried.
Joey Patel asked the Covington County Commission on March 10 to allow a canopy he installed at 24454 Inia Road to remain despite the structure extending into the county right-of-way.
“I respectfully request to commission consideration for approval variance or other remedy that would allow the canopy to retain as a constructor,” Patel told commissioners, saying the canopy was replaced during renovations and was meant to protect customers and electronic fuel equipment.
County engineering staff and legal counsel told the commission the canopy is an encroachment. The county engineer said the front of the overhang extends roughly nine feet past the right-of-way line and that encroachments must be removed unless the commission grants a specific variance. “It’s an encroachment on our right of way,” the engineer said, adding that allowing one encroachment could set a precedent the county wants to avoid.
County legal counsel outlined the commission’s options. “Encroachments on the right of way are not allowed,” she said, and noted that if the commission does not act to grant a variance the engineer’s notice would require removal.
Patel and supporters said the canopy makes the property safer and that the new structure covers modern fuel equipment and customers. Patel told the board he purchased the store in 2024 and said he has invested heavily in renovations; he asked at minimum that the county allow the canopy to cover the pumps. Commissioners asked whether shortening the overhang to the right-of-way line would address the concern; the engineer said shortening the canopy to the right-of-way would resolve the legal issue but would reduce coverage for outside pump users.
The chair invited a motion to grant a variance, but no motion to approve a variance was made. Legal counsel said a variance, if granted, should be limited to this specific property. With no motion to grant a variance, the engineer’s determination that the structure is an encroachment remains in effect and removal would be required unless the commission later takes action.
The commission did not take final action to grant a variance at the meeting; the chair moved the agenda forward to other items.
