Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use Variance topic
No spam. Unsubscribe anytime.
Madison County BZA denies variance request to split Blakey parcel for caregiver housing
Summary
The Board of Zoning Appeals denied a request to create a nonconforming lot on a 2.656-acre parcel at 288 Blakey's Frye Lane after concluding the permanent precedent of granting a nonconforming lot outweighed the applicant's caregiver hardship; staff and members discussed temporary RV/ADU options and boundary adjustments as alternatives.
The Madison County Board of Zoning Appeals denied a variance request Thursday that would have allowed a property owner to split a 2.656-acre parcel at 288 Blakey's Frye Lane and create a permanent nonconforming lot for a second dwelling to house a caregiver.
The case (v1025-2) was introduced by the chairman and summarized by Alan, a county staff member, who cited relevant sections of the Madison County Code of Ordinances (appendix 1, article 5.3; appendix 2, articles 4–6; private access-easement/road standards). Staff corrected the street number in the packet to 288 Blakey's Frye Lane and confirmed the tax map number 49-31.
During the hearing, the applicant’s household described medical hardship and the need for caregiver housing. A resident speaking for the household stated, “My husband just found out we have cancer,” and said the family’s only viable path to an additional dwelling was a subdivision split. Alan and board members confirmed the parcel is under current minimums: without public water and sewer, the ordinance requires 1.5 acres per dwelling; the parcel at issue measures 2.656 acres, so splitting would create at least one lot below the minimum.
Staff also noted the private access easement currently serves more than six lots, which triggers additional road-standard variances because the ordinance permits a private access serving up to six lots. Board members repeatedly raised precedent concerns: creating a permanent nonconforming lot would, in their view, set a standing example other applicants could cite.
Board members and staff discussed alternatives. Alan said the county permits temporary structures (travel trailers/RVs) under emergency medical housing provisions for six-month terms, renewable up to a 24-month maximum. Board members noted Madison County does not currently have a formal accessory dwelling unit (ADU) ordinance; boundary adjustments or using existing utility connections (septic/well) were offered as possible solutions.
After discussion, Board member (speaker 3) moved to deny the variance application on grounds that nonconforming lots are permanent and set difficult precedents; Board member (speaker 5) seconded. The motion passed on a voice/raised-hand vote. The board advised the applicant to pursue other options, including counsel, boundary adjustments, or temporary housing options that do not create a permanent nonconforming lot.
The denial is final as of the meeting; the board recorded sympathy for the family’s situation but emphasized the permanent legal and planning implications of the requested variance.
