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Madison County BZA approves setback variance for 95 India Lane (Case V7251)

Madison County Board of Zoning Appeals · March 17, 2026
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Summary

The Madison County Board of Zoning Appeals approved a variance allowing a property owner at 95 India Lane to site a new garage/workshop closer to the lane than county setback rules allow after the owner described an unrecorded right-of-way and limited buildable options.

The Madison County Board of Zoning Appeals on an undisclosed voice vote approved a variance requested by Kevin Wagner for property at 95 India Lane (Case V7251), allowing a reduction from the ordinance setback measured from the recorded right-of-way.

Wagner told the board he bought the property in 2020 and later demolished a derelict barn. After hiring Axis Land Surveying he discovered the old barn and proposed building site encroached near a right-of-way shown on older plats. Wagner said attorney Sllayton’s research found a 1996 right-of-way extension was not…

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