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Madison County board delays setback variance request after neighbors raise safety, septic and utility concerns

2246845 · January 23, 2025
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Summary

An applicant requested a waiver to locate a permanent tiny home closer to the road; neighbors and county staff flagged floodplain, septic and utility-easement issues and the board asked the applicant to return with additional documentation.

Madison County board members on an unscheduled hearing listened to an applicant seeking to change the setback for a proposed permanent tiny home at a parcel identified in the record as 1516, and postponed the matter after neighbors and staff raised concerns about road safety, a septic system in the floodplain and utility easements.

The applicant, Scott Adams, told the board he wanted to “change that 20 feet from the center of the road” to accommodate a permanent foundation for a tiny home of roughly 505 square feet and to bring in about a foot of fill to meet the county’s floodplain requirement. The request would alter the required offset measured from the road centerline, he said.

The issue drew multiple neighbors who said the existing road is narrow and can become hazardous in snow and ice, and who raised worries that placing a septic system near a known creek and culvert could affect livestock water supplies and worsen flooding. Brianna Hall, who identified herself as living at 1532 Crappler French Road, said putting the home “so close to the road would be dangerous” and voiced concern that the septic system’s location in the floodplain could contaminate the creek used by farmers. Felicia Rose, who lives nearby, echoed concern about flooding and septic placement.

County staff and board members flagged additional unresolved technical issues. A county representative said the applicant had received a floodplain site approval that called for raising the structure about a foot, but the board emphasized that utility easements and the power company’s restrictions may make the requested location infeasible. A resident, Ken Ludwig, asked whether an approved variance would remain with the property after a sale; a county official replied that the variance “stays with the property.”

Board member Paul Rollins (chair) suggested the applicant obtain explicit clearance from the utility company, photos and other site documentation, and meet with county planning staff before the matter returns to the agenda. The board agreed not to take a formal vote and to address the application again at its next meeting after the applicant supplies the outstanding materials.

The hearing included requests for further detail about the road width, power-line easement size (noted in the discussion as potentially 30–50 feet depending on the line) and health-department approval of the septic system. The applicant said he had completed a site evaluation that the health department had approved and that he had discussed road access with the county road supervisor, but several neighbors said the culvert and roadside bank present egress problems for emergency vehicles. The board suggested the applicant coordinate with Bluegrass Energy (or the applicable utility) to confirm easement limits and whether the proposed house footprint would fall inside a utility easement.

Next steps: the applicant was advised to obtain written confirmation from the utility company on easement limits, provide photographs and topography showing the drop-off behind the lot and any floodplain evidence, and confirm health-department permitting for the septic system. The board continued the item to the next meeting; no vote was held.

The discussion occurred under old-business agenda time and was continued to permit the applicant to return with the requested documentation.