Commission approves setback variance and encroachment agreement for homeowner’s awning

The Columbia County Board of Commissioners on May 7 approved a setback variance and an easement encroachment agreement that will allow a homeowner to keep a recently extended awning that staff said encroaches into the side setback and a drainage easement.

The homeowner, Tammy Pie, told the commission she believed the new awning was only an extension of an existing covered area and that she applied for a permit after a code enforcement officer advised her one was needed. "If I even had an inkling that there was a permit...I would have done that to begin with," Pie said during public comment.

Planning staff explained the legal constraints: because the awning is attached to the house it extends roughly nine feet into the side setback and also intrudes into a drainage easement along the property line. Staff advised the commission that the building permit for the new section cannot be issued unless the commission grants a variance and permits an encroachment into the easement. Staff said the variance, if approved, would also bring the older section (for which records do not exist) into compliance, while the building permit would apply to the newly constructed portion.

Neighbors Lee Prim and Joe Mitchell spoke in support of the applicant, describing the structure as barely visible behind a privacy fence and saying the homeowners have been good neighbors and in compliance with their HOA covenants.

A commissioner moved to approve the variance to section 90-53 for the property (tax map 082I parcel 422) and an easement encroachment agreement, conditioned on the owner applying for a building permit within 10 business days; the motion was seconded and passed by a voice/hand vote.

The approval allows county staff to issue a building permit for the new section once the variance and encroachment agreement are finalized. The commission did not record individual roll-call votes in the transcript.