Madison County BZA denies variance for Ridgeview Road pole barn

The Madison County Board of Zoning Appeals denied a variance request from Matthew Fant that would have allowed a recently built three-sided pole barn at 3244 Ridgeview Road (Madison County tax map 30-2-162) to remain inside required front and side setbacks.

The variance would have reduced the front setback from 100 feet to 34 feet and the side setback from 35 feet to 13 feet. Board members voted to deny the request after staff testimony that the hardship was self-imposed and conflicting testimony about whether concrete had been poured after county staff first visited the site.

The vote matters because the structure was built without a zoning permit and the board’s decision requires the property owner either to remove or relocate the structure or to pursue an appeal. County staff said they will send formal notice describing appeal rights under state code.

At the hearing, applicant Matthew Fant described the building as a three-sided pole barn with no electrical or plumbing and said he did not believe a permit was required for a structure without utilities. “I built this pole barn. I didn’t think we needed to permit for something that didn’t have no power or water going through,” Fant said. He and a supporter described the work as a family effort and said the structure represented a roughly $25,000 investment.

Alan Nichols, the county zoning administrator, testified that county staff visited the property after receiving a complaint, asked Fant to obtain permits, and that a stop-work order was issued once staff notified the building official. “As staff, I would recommend that the variance not be granted as the hardship was self imposed,” Nichols said, adding the parcel has other locations where the building could have been placed to meet setbacks.

The county’s building official, who was present at the hearing, said photographs taken on the initial visit did not show wet concrete or a mixing truck on site. Members of the public and the applicant disputed that timeline, with the applicant’s supporters saying concrete was poured the same day staff visited.

Two regular board members—Suzanne Long and Kyle Knight—recused themselves from the case because of personal relationships with the applicant. Jessica Davis, the board alternate, served in their place for this matter. A board member identified as Sarah made the motion to deny the variance; another member, Roger, seconded and the motion passed.

Staff told the board it would send a written conclusion of the hearing and information on appeal rights. Nichols said he believed the applicant would have 30 days under state code to file an appeal to circuit court.

The board had no other cases on the agenda for the next month and adjourned after discussing rules for site visits by members.

Votes at a glance: V21825 (Matthew Fant) — Motion to deny variance: moved by Sarah (board member), seconded by Roger (board member); outcome: motion to deny approved. Vote tally: not specified in the transcript.