City of Madison, Indiana City of Madison Board of Zoning and Appeals Meetings, 8 Mar 2021

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From YouTube: City of Madison Board of Zoning Appeals - March 8, 2021

Description

Renewals:

1. The White Barn Venue, LLC – Conditional Use permit for the operation of a rustic barn venue with an emphasis on weddings.
Location: 501 Thomas Hill Rd.
Zoned: Residential Agriculture (RA)
One-Year Renewal

No complaints; Renewal fee received; No conditions applied to CUP.

2. Glenna Hanks Wade – Conditional Use permit for a guest house
Location: 620 W. Second St.
Zoned: Historic District Residential (HDR)
One-Year Renewal

No complaints; Renewal fee received; No conditions applied to CUP.

3. Sedam Contracting LLC – Conditional Use permit for: location to accept dirt, concrete, asphalt for reuse/recycle; sales of stone, sand, landscaping products; and rental of construction equipment & supplies.
Location: 2910 Wilson Ave.
Zoned: Light Industry (M-1)
One-Year Renewal

No complaints; Renewal fee received; No conditions applied to CUP.

4. Steve Buchanan – Conditional Use permit for a four (4) bay self-service carwash
Location: 814 W. Third St.
Zoned: Local Business (LB)
One-Year Renewal

No complaints; Renewal fee received; No conditions applied to CUP.

5. Bad Apple Mac’s LLC – Conditional Use permit for a restaurant.
Location: 605 W. Main St.
Zoned: Specialty District (SD)
One-Year Renewal

No complaints; Renewal fee received; No conditions applied to CUP.

New Applications:

1. Tony & Sue Langdon – Variance from Development Standards (Setback Variance) in order to build a front porch.
Location: 3981 N. Old SR 62
Zoned: Low Density Residential (R-4)

1. Replacing a dilapidated 12 ft. x 8 ft. front porch with a new 32 ft. x 8 ft. front porch.

2. As shown in the pictures attached to their application Mr. & Mrs. Langdon have already started construction of the porch.

3. The right of way on State Road 62 is 60 feet & the required setback in Low Density Residential (R4) is 25 feet. Per our ordinance, the front of the porch should be 55 feet from the center of the road.

4. Front of the house to the center of the road is approximately 48 feet (as shown on Think GIS).

2. Kim & Jeff Kennard – Variance from Development Standards (Setback Variance) for a zero lot line setback in order to build a back porch.
Location: 506 E. Main St.
Zoned: Specialty District (SD)

1. Mr. & Mrs. Kennard want to extend their roofline 12 ft. in order to build a covered back porch.

2. As shown in the pictures attached to their application Mr. & Mrs. Kennard have already started construction of the porch.

3. The East side of 506 E Main Street is already a zero lot line.

Tabled Applications:

N/A

Business – Old or New:

1. Lucas Soule – Conditional Use permit for a mobile home.
Location: 2761 E. SR 56
Zoned: Residential Agriculture (RA)
One-Year Renewal

No complaints; Renewal fee not received; No conditions applied to CUP.

Mr. Soule has not paid his Conditional Use permit renewal fee for the past two meetings, January and February.

Currently, the building inspector, Mr. Brian Martin, is attempting to get in contact with Mr. Soule to hand deliver his notice of renewal. As of March 1st Mr. Martin has not been able to contact him.

2. Aloda Hendren – Conditional Use permit for mobile home to be utilized for residential use only; not be utilized for a storage unit.
Location: 3169 W. Black Rd.
Zoned: Residential Agriculture (RA)
One-Year Renewal

No complaints; Renewal fee received; No conditions applied to CUP.

3. Miller Automotive – Conditional Use permit for Retail – Motor Vehicle Sales and Automotive Repair
Location: 1215 Clifty Dr.
Zoned: Light Industry (M-1)
One-Year Renewal

No complaints; Renewal fee received; No conditions applied to CUP.

4. Harold Perry, Jr. – Conditional Use permit for a mobile home.
Location: 212 Sixth St.
Zoned: Hillside (HS)
One-Year Renewal

No complaints; Renewal fee received; No conditions applied to CUP.

A

Start the recording.

B

Okay, welcome to the board of zoning appeals since we're socially distanced. I think, in order to be heard, we don't necessarily have to wear our masks and I've also seen no direct communication about this.

B

At any rate, that's just for the record welcome to the vz of the board of zoning appeals march 8..

B

B

There it is welcome to madison's board of zoning appeals meeting march 8 2021.. uh Could we have the roll call of attendance? Please.

C

Scott baldwin here mark acosta nancy burkhardt.

D

C

Rick ferris dear daryl hunderson here.

B

And board members, have you had opportunity to read last month's minutes? Are there any corrections or additions.

B

If not we'll take a motion to approve last month's minutes.

D

B

A second second and all in favor, say aye aye opposed no minutes are approved and we have a few renewals.

B

B

Actually, we have five, so I'll, read them all and it's my understanding that their renewal, renewal fees on all of them have been paid.

B

That's correct, so number one is the white barn venue conditional use permit for the operation of a rustic barn venue, with emphasis on weddings, located at 501, thomas hill, road, residential agriculture, one-year renewal, no complaints, renewal fee received number two glenna hanks wade conditional use permit for a guest house located at 620, west 2nd street.

B

That's an historic district residential one-year renewal. No complaints be received. Number three sedum contract llc. It's a conditional use permit for locations of dirt, concrete asphalt, reuse, recycle sales of stone, sand, landscaping, products and rental of construction equipment and supplies located at 2910, wilson avenue that's in m1 or light industry.

B

Another one year, no complaints, renewal, free fee received number four steve buchanan, a conditional use permit for a four-bay self-service car wash located at 814 west third street. That's in local business. It's a one-year renewal. Again, no complaints, renewal fee received number five bad bad apple, max llc conditional use permit for a restaurant located at 605 west maine.

B

That's in specialty district and one year renewal no complaints renewal fee received, so we have five metal requirements. We have a motion to renew all these conditional.

E

Uses I'll make a motion that we renew the five applications as as.

B

D

B

And we'll have a roll call, rick ferris. Yes,.

E

C

B

Yes, moving on new applications, we have two and the first one on the agenda is tony and sue. Langdon are the languages here. Some would you come up to the podium, then please, sir, and for the record, give your name and address and explain what you have in mind and I think it's okay to take your math. Okay, if you wish.

F

My name is tony langdon and I've been asked to do a porch variance at 39, 81, north old state, road 62 in madison. So that's why I'm here.

B

So your designer, I understand from your application you're putting on a re remodeling a house.

F

B

Putting uh eight foot deep by the width of the house porch on correct.

F

B

F

Foot wide so it had a 12 by 8 on it and we decided to go with a 32. And you know I called and talked to the folks that were doing the work and didn't realize for sure that I needed a.

G

F

And so forth, so uh brian had made me aware of that then at some point down the line and and uh so we're trying to.

B

Take care of those requirements and, of course, variances go with the property, and that may make it easier.

A

G

B

Yes, sir, and the issue is being a little bit too close to the right-of-way of old state road 62., yes, board members. Do you have any questions?

B

E

The the road there are the ports that was on it previously. How far out did it go.

F

Also, eight foot, it was no change in the you know the distance from the center line or whatever to the front of the porch. It's the same way correct the.

G

F

Went lengthwise and just covered the entire front of the home as opposed to the center portion, so it's 20 additional feet in.

B

B

Board members, any other questions or comments.

D

The only other thing I was concerned with was safety if you're going around that corner, but then you have that lot next to it. That gives you plenty of space to see cars coming around and.

F

Extended that way, I feel so plus not to mention, if you noticed in the photo there there's a 15 mile per hour, speed limit sign there. Most people are either slowing down in that curve, where I'm located or they're, starting from a stop sign uh just feet from the porch. So.

D

And it's gonna be an open, porch right. It's not gonna, be in a close where you can't.

F

Not enclose, but it does have you know, uncovering so, but we didn't feel there would be a big situation there, but we just want to make sure everybody's happy.

B

So I drove out there and looked okay.

F

Well, it's pretty open, it is, and you know we're just trying to improve the uh you know. I told my wife. I said it's sort of like some of the folks that uh go to the uh and save animals. You know rescue that type of thing. I feel like that. That house has been one for us.

F

You know it wasn't too top top shape to start with, but uh since jeff's not here, I guess I could say that, but I've tried to improve it and uh it's going to cost us probably more before it's all over with to get it done. That way than it would have been just to store it down and start it over. But.

D

So that old porch was just unsounding, oh.

F

It was terrible shape, it was you always talk about the safety issue, part of it I mean it was, it was bad shape and it was leaking and over the ceiling, part of it and everything and it uh it just was no brainer. In my mind,.

H

We did receive the green cards for this.

F

Yeah I sent everything.

H

Out that was required.

F

And it's all been received and turned into darien, so hopefully everything's good. There board members any other questions.

B

Last chance, then, we'll move on to our findings. Of fact you can have a seat. Sir. Okay, thank you.

B

Variance from development standards, that's what this is number one. Will approval of this application be injurious to the public health safety, morals and general welfare of the community? uh Mrs burkhardt.

D

No, in fact, I think he's making it more safer. He's got a forces non-salvageable and he's just extending it a different way: same proportion going towards the roads 800 before so I don't see any problem.

B

Mr henderson, I see no.

E

Problem, mr ferris, I.

G

B

E

See any uh issues either I drove past there um yesterday and looked at it and there's no obstruction of view or.

G

E

That I felt could even be construed as a problem.

B

And I'm in agreement, I see no the safety issue, I don't see anything there, certainly not the general welfare number two will the use and value of the area adjacent to the property, including the variance, be affected in a substantially adverse manner. This is brook hart.

D

No, I think, he's improving the property, so I can see a problem.

B

Mr anderson, I agree, I think, he's improving the problem.

E

Mr farris, I agree as well, I I think had had they not invested in in renovating this property, then it would be affected in an adverse manner.

B

And I agree: upgrading and improving houses does not hurt property values. Number three, the strict application of the terms of the zoning dormants will result in practical difficulties in the use of the property. Mrs burkhart.

D

Yeah, I believe so because uh he's using the same footprint of the eight feet that he had before and that would deliver the question of all the zoning variants there. So I think if he changed anything that would be practical difficulties.

B

Mr henderson, I believe it's on uh mr ferris.

E

I agree as well, I think, the um the original porch that was there uh not being usable um being able to replace the if they weren't able to replace, before which I think it would result in.

B

Practical difficulties- um and I agree- I don't think- he's expanding his porch at least more toward the road he's just making it wider, which is a very common practice in the country houses. I see no practical, I see no problems there. Number four is this request, contrary to public interest, mrs burkhart.

D

No, in fact, as we said before, he's approving it he's, comparing the looks of it, he's approved the safety of it.

B

Mr henderson, no mr farris.

E

No, it's not contrary to public interest. In fact, it's in the public's interest that they are investing in the property and.

B

I think that was well stated. Upgrading a house is not in public interest number five: are there conditions peculiar to the property? uh Mrs burkhart.

D

um I'd say yes, just because you've got the footprint of the eight foot he's just expending that along. So I think that's only peculiar.

B

Mr henderson yeah I'd say yes too, because the house was obviously built before zombie.

E

Mr ferris, I agree as well. I mean we see these cases many times where we're dealing with an older property and the setback to the center of the porch is not up to the current requirement. Yet it doesn't result in any harm to the adjacent properties or to the public interest.

B

uh Conditions peculiar to the property, who knows how long ago that original fortune house were.

A

B

And the proximity to the street and the beginning of the turn to come on to new state road 62, which possibly wasn't I don't personally, don't know if that was there which could have made a difference. So I think there are sufficient conditions that are peculiar to that particular property.

B

Number. Six: are the peculiarities to the property or result of the applicant, mrs burkhart.

D

No, the state of before I'm sure the house was there prior to him coming into he's just trying to approve the property.

B

Mr henderson, no, mr faris, no.

E

B

E

They're a result of the applicant.

B

And the only thing he did was buy it, so I don't think that that's a result of the applicant number seven will owners sustain an unnecessary and undue hardship. Mrs burkhart.

D

Yes, I'd say it's an unnecessary hardship and it wouldn't be able to improve the property. Mr henderson.

B

Yes, mr ferris.

E

Yes, the literal enforcement of the ordinances would result in an unnecessary and undue hardship just because of the age of the structure and.

B

uh Unnecessary, I in my view, he's merely replacing an existing porch, which is a part of the house.

B

It seems to me that not having the porch would be just unnecessary.

B

We've gone through our findings of fact about this variance from development standards for the setback requirements. Do we have a motion to prove this, and then we prove the variance is requested. We've had a motion in a second could we have a roll call.

C

Rick ferris, yes, nancy burkhart, yes, tom baldwin,.

B

C

And daryl, yes,.

B

The motion's passed and the variance is granted.

B

And next on the agenda.

B

Oh here we are.

B

Kim and jeff canard variants from development standards, a setback variants for a zero lot line, setback in order to build a back porch and that's at 506 east main street in the specialty district. To have someone here to speak for against that yeah or to speak. Excuse me for it right yeah for the record, could you state your name and address and then what you want to propose to do you turn it off.

I

B

G

Kim canard and.

I

The address of the property or where I live.

B

I

506 east main is the property in question. The modification.

B

I think, since you're socially distanced, if you want to you, can take your mask off while you're speaking.

I

Thank you so that the project specific for the zoning is adding a porch on the south east side of the back of the property and there's, I think one foot it's the same.

I

Roof line is what the existing roof structure was.

I

The entire back of the house was completely dilapidated, so it was part of the repair and putting a new roof on. We wanted to add it back. We added a back porch, it's gonna, be a patio.

B

And I understand the existing house was within about a foot or so of the lot line or zero right on it. It's.

I

It's really close, so the it's next door is a law firm, so it I think that it's about. I can look at my paperwork in my bag, but I think it's 12. Ours is like 12 inches. Maybe like it's less than a foot, the entire house is, and, of course the house has been there a while yeah, I think it says 1840.

I

B

um I did walk around your house, I peered down that I don't even know what you call it. The gangway.

I

Courtney lives behind me and then cooking her mom and my mom came up as well for support. So.

G

The person that has the.

I

The most the biggest view of the property is courtney who lives behind me, so she came in support as well. So the gang was part of your presence.

D

It is our property, but I didn't realize that that even was part of yours. I thought that.

I

G

I

That was one of the things when we were considering.

G

Whether or not to purchase.

I

The property was to make sure that there was an.

A

Easement or to make sure that we had access.

I

To the backyard through the street, and so we couldn't find the easement and then we looked at and it's on the deed. It's deeded to us, yeah.

B

Before we go, we were supposed to bring in green cards that have been mailed out. They brought them. Okay, yeah.

I

Gave them like.

B

When I looked back there, the only word I could think was a labyrinth.

B

So here all you're doing according to your pictures and application, is over here because you're merely following the line of the house correct, which was already within supposed to be three feet. But that was within about a foot of.

I

The line yeah it's the same way on the other side, I think it might even be closer. It's closer on the other side to the appraisal office, not that porch. The porch is not close to that, but the house itself is the porch.

D

Is only on the one.

I

D

Me ask you: what's the other little structure opposite of where the porch is.

I

That it's like a mud.

D

G

So I don't know how it's.

I

Part of the house, it's part of the house, so it was there and it was.

D

Just on looking at it in the pictures, I just wondered what it was.

I

Yeah, it's a mud room, so it was, it was there, but I do it was. It was definitely added on at some point in time. I'm sure, because you can see um because we had to strip the drywall that was in there because it had mold. It was black mold or just mold. It wasn't possible, but.

G

I

And you can see siding so there must. It must have been added on at some point in time, but we did not do it and it predates us and who knows how long it's been there.

B

Board members, do you have any other questions or comments.

D

So there was nothing there before no porch or anything just I didn't know and just cast somebody.

I

There was that big outside big bunch of gravel. It's I mean the back of the house was just and there was piles of windows and doors and trash, and I mean that's what was there before yeah.

G

There was not a porch, not a structure.

B

Yeah uh any other questions board members.

B

Okay, thank you. Would anybody in the audience like to speak for or against.

I

A

Hi, I'm courtney richmond. I live at 324 e street and I'm here for their addition to their porch. It looks really good and I can see it from all of my windows, my house, so it's nice to look at okay.

B

Thank you very much anybody else in the audience like to speak for or against board members, one last chance any questions. Well, in that case, we will move on to our findings of fact, variance from development standards number one: will approval of this application be injurious to the public health safety, morals and general welfare of the community? Mrs burkhart.

D

No, I don't see any problem there um she's improving the property, her neighbors on board with it. I didn't see him from.

B

Mr henderson, no.

E

Mr ferris, I agree with the previous comments.

B

And I see no injury to the public general welfare by adding this porch in that particular spot number two: will the use and value of the area adjacent to the property, including the variance, be affected in a substantially adverse manner? Mrs burkhart.

D

No, as was said before, she's improving the property, so I think she moved to nathan.

B

Mr henderson, no mr ferris.

E

Yeah I mean I, I agree that uh the neighborhood and the uh joining properties will not be substantially affected in an adverse manner anytime. We have investment in these older properties. It's a good thing.

B

And I see no adverse effects on the areas adjacent to the property. I notice to the east, there's already a fence and it's so typical downtown. It's all surrounded.

B

So I see no problems there number three, the strict application of the terms of the zoning ordinance, will result in practical difficulties in the use of the property. Mrs burkhart.

D

Yes- and I think we deal with this quite a bit downtown, especially in historic district with zero lot line, so I think that's yes,.

B

Mr henderson, yes, I think it's fine, mr.

E

Ferris, I agree as well. I think the strict application does create practical difficulties for for the property and.

B

Of course, the practical difficulty is, it was built long ago, a foot from the lot line.

B

This is not their fault and they're only trying to improve it up to a more modern standard. I see practical difficulties. Number four: is this request, contrary to public interest, mrs burkhart.

D

No, I don't believe so. I think it'd be hard just for the public to see unless you go down the gangway, which does get a nice access in case, you need to go in there. Mr henderson.

E

No, mr ferris, I agree with previous comments.

E

B

No harm to public interest in upgrading, enclosed property like that number five: are there conditions peculiar to the property? Mrs burkhart.

D

Yes, so we've stayed before zero light line. The house is on and she's just expanding it. So yes, mr henderson.

E

uh Yes, it's a 1800 construction in.

E

B

E

I have nothing to add, so I will agree with the previous comments.

B

And I agree it was laid out in the 19th century like so much of our downtown and they didn't have zoning back then. So there are ample conditions peculiar to it. Number six. Are the peculiarities.

D

B

A result of the applicant mrs burkard.

D

No, she bought the property, and I said the property has been there for many years.

B

Mr henderson, no mr ferris.

E

No, I don't believe it was the result of the applicant's actions.

B

And a result of the applicant, no, it was the house was made long long ago and all they did was buy it number seven. Will owners sustain an unnecessary and undue hardship? This is work hard. I.

D

Believe so I believe it's an unnecessary hardship that she wouldn't be able to improve um the structure that she bought and have some nice outdoor covered entertainment area. Mr.

B

Henderson, yes, mr ferris.

E

Yeah, I agree, I think the uh the hardship is that they wouldn't be able to improve their property and invest.

B

In it- and I think mrs burkhart stated it very very well- and I agree with that-.

G

We've gone through our findings.

B

Of fact about this variance: first setback: do we have a motion.

D

And we approve the variance, is requested. Second,.

B

And we have a roll call rick.

C

Ferris, yes, nancy burkhardt. Yes, it's top holding! Yes,.

B

Yes, your parents has been approved.

A

Thank you very much.

B

Moving on to the rest of our agenda under old business lucas, seoul, conditional use permit for a mobile home located at 2761 east state road 56. That's in residential agriculture, that was a one-year renewal and the issue was his fee, had not been received renew it last month and instructed our building inspector to go and try to contact him.

B

H

Wasn't successful in person.

C

H

Didn't speak him on the phone today he said it just gets, gets past him to remember it, but he said: he'll have someone come in tomorrow.

H

He did ask just given his history of you know forgetting. Can he potentially ask you come to the board at some point and ask to do a renewal every few years over? You know more than just just a single year renewal and we have.

B

Done that on a couple of occasions, so if he comes here and asked for that, I think he is. I would like to look at the property before.

E

I make that call, of course,.

B

Well then, um given what you told me, I move we table this until our next regular meeting and mr soul will have the opportunity to appear and ask for a changing of terms of his conditional use and if he pays his fee by our next regular meeting, his current conditional use permit will be renewed.

B

That's my motion for one year for one year: yes,.

B

That's my motion: is there a y'all got it did I make.

E

It clear enough, so that gives him a year, then, to put a strategy together. How he's going to sway is to extend his the term of his no. The intent of the motion is.

B

That he has promised to come in tomorrow and let me withdraw that motion and rephrase it since it's never been seconded.

B

I move that we approve this conditional use for one year contingent upon mr soul's pain of the fee before our next regular meeting. uh That's my motion that if he pays his fee before the next regular meeting, it will be renewed. Otherwise he will have to reapply.

E

E

C

Roll call rick ferriss, yes, nancy burkhardt, yes, scott baldwin,.

G

C

Daryl hudderson, yes, and.

B

Of course, as I mentioned, I don't think we need enough emotion, but we have had other people come in and ask for changes to the term of their conditional use, but we've always required that they appear and make their case. But.

E

But in that case then does he have to reapply.

B

I don't think so.

B

I think if he appears.

B

In my opinion, if he appears or if he pays his fee, his conditional use will be.

G

B

If he appears before our next regular meeting, the intent of the motion was that it will be renewed for a year and you can discuss it with our.

B

Mr martin can discuss it with him that he can appear. I think it would be acceptable in my view that we can amend the term.

H

um We ask him to do an actual application for mr henderson's comment about that way. You guys would be made aware of the property and you could look at it prior to that meeting so that you know advanced notice.

H

Yes, I I'll put that in the form.

C

Of a motion just to make it clear, I move that.

B

We permit mr soul to appear before the board at our next regular meeting and ask for a longer term of renewal of his mobile home or his conditional use for his mobile home.

B

At which time we.

E

B

How, second, though, okay can we have a roll call.

C

Rick ferris, yes, nancy, burkhart, yeah, scott baldwin, yes, daryl henderson, yes,.

B

Of course, that would have to make it clear that the motion was. He appears.

B

And his current conditional use with the one year period will be this contin renewals contingent upon.

B

B

Just for the record, um under your old business, just for the record uh conditional use permits for a load of henderson at 3169, west black road miller, automotive, at 12, 15, clifty, drive and harold perry, jr 212 6th street.

B

They have all paid their fees per our last meetings. Motion and their conditional uses are renewed, and that concludes all the business on our agenda. Is there anything else.

B

All in favor say: aye aye opposed no motion carry.