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Madison County approves Terrace Pines minor subdivision, waives immediate teardown of a nonconforming structure

Madison County Board of Supervisors · June 24, 2024
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Summary

Supervisors approved final subdivision for Terrace Pines (two lots on 36.18 acres) and voted to waive an immediate demolition requirement for an aging outbuilding after public comment and board discussion about nonconforming uses and equitable enforcement.

Madison County supervisors voted May 25 to approve the Terrace Pines Minor Subdivision and to waive a demolition requirement for a deteriorated outbuilding on the parcel.

Staff reported the proposal is a two‑lot final subdivision for Todd and Renee Montgomery on 36.18 acres zoned agricultural; about 0.4 acres lie in a FEMA flood zone and engineering approvals for entrances were on file. During public comment, Becky Knight — who identified herself as a nearby property owner and a real‑estate professional — urged the board to consider the impact of forcing removal of nonconforming structures, saying such rules can hinder sales: “If there is a building that's too close to the right of way, we've started not getting the house,” Knight said, arguing that wholesale enforcement could be unfair to owners who recently purchased properties.

Board members reviewed photos and discussed whether the cited outbuilding was a safety risk or an instance of ordinary rural degradation. One board member expressed discomfort requiring immediate teardown while another cautioned about opening inconsistent enforcement. After discussion, a board member moved to approve the subdivision and waive the requirement that the structure be torn down immediately; the motion was seconded and carried, with one board member recorded in the transcript voting nay and stating concern consistent with prior comments about ordinance enforcement.

What happens next: the subdivision approval was recorded in the board’s zoning resolution; staff will carry out clerical and platting steps required to finalize the subdivision. The transcript includes discussion and a recorded voice vote but does not show a subsequent building‑permit enforcement action.