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Covington County commission declines to grant variance for canopy over right-of-way; owner had sought exception
Summary
A property owner on Antioch Road asked the commission to allow a gas-pump canopy that extends into county right-of-way to remain; county engineer said the rebuilt canopy encroaches about 16 feet and the county attorney advised encroachments are not allowed, and with no motion to grant a variance the law requiring removal stands.
Yogi Patel told the Covington County Commission he wanted to keep a canopy over gas pumps on his Antioch Road property even though it extends into the county right-of-way. Patel said he had understood the earlier structure was grandfathered and "was not made aware that the new canopy would not be grandfathered in," and said he needs canopy coverage to protect pump electronics from weather.
Lynn Ralls, Covington County engineer, testified the canopy is an encroachment on county right-of-way and estimated it extends about 16 feet beyond the line. Ralls said he advised Patel in August before the canopy was rebuilt that it could not hang over the right-of-way.
County Attorney Morgan Arrington advised the Commission that encroachments on the right-of-way are prohibited and that notice initiates a request for removal. Arrington said the county engineer "has followed the law" and that the choice before the Commission was whether to make a motion to grant a variance or to take no action and require removal under existing law.
Commission discussion indicated multiple commissioners inspected the site and supported adherence to the engineer's recommendation. With no motion offered to grant a variance, Chairman Michael Smith stated the law stands and the encroachment must be removed unless the Commission later takes formal action to allow it.
What happened: The Commission took no action to grant a variance during the March 10 meeting. The county engineer and county attorney documented the legal and factual basis for removal and commissioners signaled support for enforcement unless a formal variance motion is moved and approved at a later meeting.
Next steps: Enforcement or a future variance request would require either corrective action by the owner (shortening or removing the overhang so it does not encroach) or a formal motion from the Commission to grant relief.
