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Madison County BZA denies request to subdivide Fant property to create 1-acre lot
Summary
The Madison County Board of Zoning Appeals denied a request to create a one-acre nonconforming lot from property owned by Thomas Fant, citing agricultural zoning minimums requiring three acres per dwelling and additional uses on the parcel.
The Madison County Board of Zoning Appeals denied a request to subdivide a parcel at 244 Crooked Run Lane to create a one-acre lot for a family member, concluding the proposal would create a nonconforming lot in agricultural zoning that requires a minimum of three acres per dwelling or use.
Owlette, representing property owner Thomas Fant, asked the board to allow a family subdivision after a small home on the parcel was recently demolished because of extensive black mold. The applicant said Fant wanted to give a piece of the property to his son and daughter-in-law, who need a separate tax-map number to secure a construction loan. The applicant offered to increase the new parcel size to roughly 1.5 to 1.75 acres if that helped the board.
County staff and board members said the primary legal obstacle is the county's area requirement for the agricultural zone. Staff cited Madison County Code and state guidance that family-division rules must not be used to circumvent local zoning standards; the county's ordinance requires a minimum of three acres per dwelling and three acres per use. The property includes an existing business and at least two dwellings or uses, which staff said exhausts the acreage allowances.
Ms. Long, a BZA member, recused herself from the case because her property adjoins the subject parcel. Board members and staff discussed alternatives raised during the hearing, including boundary adjustments, a 99-year lease, or rebuilding on the original footprint to preserve a nonconforming use. Staff noted that the county's ordinance allows owners two years to restore a nonconforming dwelling destroyed under the code if they wish simply to rebuild on the same footprint; it does not automatically allow a new subdivided lot to be created.
Several board members expressed sympathy for the family circumstances but emphasized the need to apply zoning rules consistently. After discussion, BZA member Jessica moved to deny the requested variances; the motion was seconded and carried by a 3-1 vote, with one member opposing. The board chair advised the applicants to explore alternatives such as boundary adjustments, lease arrangements or other legal mechanisms and to consult with lenders and an attorney.
Votes at a glance: motion to deny subdivision/variance for 244 Crooked Run Lane — mover: Jessica; second: not specified; outcome: denied (3 in favor of denial, 1 opposed).
