Madison County BZA denies extension request for temporary housing permit in Case 80826-1

The Madison County Board of Zoning Appeals on an appeal in Case 80826-1 upheld the zoning administrator's decision to revoke a temporary housing permit and denied the appellant's request for a further extension. The appeal was filed by Trevor Yao on behalf of property owner Priscilla Joseph; the board voted in favor of denying the appeal with no opposing votes.

Zoning Administrator Allen told the board he had previously granted accommodations and at least one extension but denied further extension because the county ordinance requires that relevant building and health permits be in place before ongoing temporary housing permits are continued. "I would ask the Board of Zoning Appeals to uphold my original decision to revoke the temporary housing permit," Allen said, explaining the office must avoid indefinite extensions outside the ordinance's intent.

Appellant Trevor Yao described a sequence of administrative and banking delays that slowed the land division and closing necessary to obtain building permits. He said the mortgage holder, Wells Fargo, initially denied a partial lien release and that, after refinancing paperwork and Department of Health approval, the family is awaiting the county land-division deed so they can close and build. "We finally got [the Department of Health] approval and so from here, we're just waiting for the county to finish that division," Yao said, urging the board to consider the family's hardship.

Board members expressed sympathy for the family's circumstances but emphasized the need to follow the ordinance and to avoid creating a precedent of open-ended extensions. Ms. Long moved to deny the appeal on the grounds that the zoning administrator correctly applied the ordinance; the motion was seconded and carried unanimously. The board noted that the appellant has a clear pathway to reapply and that the zoning administrator said he would issue a permit if all criteria were met.