►
Description
City of Madison Board of Zoning Appeals Meeting
A
A
A
A
No
firearms
authorized,
as
declared
by
the
applicant
permitted
as
an
animal,
swap
meet
only
for
section,
7.00
official
schedule
of
district
regulations.
Category
829
of
the
city
of
madison
zoning
ordnance,
with
no
other
use
permitted
and
conditional
use
may
be
revoked
and
or
by
well.
I
won't
read
that
part
and
the
understanding.
A
B
A
The
lawyer
for
mr
goalie
will
give
you
15
minutes
to
present
your
case,
followed
by
the
lawyer
from
ms
smith
15
minutes.
Likewise,
then,
mr
goalie's
lawyer
will
give
you
five
minutes
to
reply
to
anything
you
wish
to,
and
mr
miss
smith's
lawyer
will
give
you
likewise
five
minutes
to
answer
or
whatever
and.
D
A
Have
a
small
time
for
people
in
the
audiences
for
both
mr
goalie
and
ms
smith,
which
I
would
ask
that
you
limit
yourself.
If
we
do
this
for
three
minutes
very
short,
and
if
someone
from
the
audience
speaks
I'd,
ask
you
to
bring
up
not
things
that
we've
had
in
previous
hearings,
but
anything
new.
You
may
have
to
add
so,
and
I
have
asked
mr
patterson
to
keep
time.
A
E
Evening
folks,
my
name
is
zach
vanvachter,
I'm
an
attorney
with
law,
firm
states
and
harvest,
and
I'm
here
today
representing
mr
goalie.
Thank
you
for
the
opportunity
to
be
heard
tonight.
We
appreciate
it
at
this
point.
The
board
should
have
received
mr
golly's
appeal
dated
july
29th,
as
well
as
my
supplemental
letter
of
august
1st,
through
which
we
provided
the
board
a
preliminary
outline
of
the
grounds
and
issues
on
which
this
appeal
is
based.
E
I
plan
to
focus
my
comments
tonight
on
the
legal
aspects
of
this
appeal
and
because
I
appreciate
your
time,
I
will
endeavor
to
keep
those
comments
as
succinctly
as
I
can,
and
hopefully
well
below
the
15
minutes.
You've
a
lot
of
me.
I
believe
mr
gully
would
like
to
address
the
board
as
well.
Once
I
finished
first
and
foremost,
I'd
like
to
address
the
fact
that
the
applicants
proceeded
with
hosting
a
swap
meet
event.
E
This
past
saturday
august
21st,
where
an
appeal
has
been
filed,
such
as
this
section
11.32
of
the
ordinance,
imposes
an
automatic
state
on
the
action
being
appealed
unless
the
building
inspector
certifies
that
a
state
would
cause
imminent
peril
to
life
and
property.
To
my
knowledge,
no
such
certification
has
or
was,
was
or
has
been
made.
E
The
language
of
section
11.32
is
form
zoning
language.
It
appears
in
any
number
of
ordinances
around
the
country,
and
courts
have
interpreted
that
language,
just
as
we're
suggesting
here,
for
example,
imposing
an
automatic
stay
on
construction
or
on
further
renovations,
while
a
building
permit
was
on
field.
E
F
E
E
E
It's
important
here
to
look
at
the
use
that
is
actually
being
proposed,
we're
not
talking
about
a
farming
operation
that
wants
to
sell
livestock
or
poultry
or
any
other
animals
that
it
raises.
Rather,
what
we
have
here
are
third-party
vendors,
bringing
animals
onto
this
property
to
sell
them
to
consumers.
E
It
follows
from
that
that
the
sale
of
an
animal
to
a
consumer,
just
like
the
sale
of
any
other
personal
property,
is
a
retail
transaction
section.
7
of
the
ordinance
lists
45
that
I
counted
separate
categories
for
retail
activities,
not
a
single
one
of
those
45
categories
is
either
a
committed
or
conditional
use
in
a
residential
agriculture
district.
E
E
G
E
To
my
knowledge,
no
sex
traffic
impact
analysis
was
conducted
before
the
conditional
use
permit
was
granted,
but
what
the
board
did
hear
previously
was
substantial
testimony
from
a
number
of
neighboring
landowners
about
the
character
of
the
roads.
Here,
the
volume
of
people
and
of
cars
that
would
be
coming
and
going
and
the
detrimental
impact
of
the
excessive
traffic
resulting
from
these
swap
meet
events.
E
Respectfully,
I
believe
the
board
was
unfairly
discounted.
Those
concerns
to
the
extent
the
board
was
relying
on
the
white
barn
case
that
went
up
to
the
court
of
appeals.
A
few
years
back,
I
would
submit
to
the
board
and
to
the
city
attorney
that
reliance
any
reliance
on
that
case
was
misplaced
for
at
least
two
reasons.
E
This
board
is
in
the
proper
position
to
evaluate
the
factors
that
are
set
forth
in
section
11.73,
as
they
relate
to
these
traffic
issues.
And
again,
the
board
heard
substantial
testimony
about
how
the
applicant's
proposed
use
would
create
traffic
and
roadway
issues
that
should
have
prevented
that
proposed
use
from
satisfying
the
elements
of
section
11.73.
E
E
To
conclude,
I
would
urge
the
board
not
to
forget
the
fact
that
the
conditional
use
permit
application
at
issue
here
came
after
these.
Applicants
had
for,
however,
long
already
been
conducting
these
unlawful
unpermitted
events
and
after
the
city
was
forced
to
take
legal
action
against
them
just
three
months
ago,
by
filing
a
complaint
in
jefferson
circuit
court
and
a
motion
for
injunctive
relief
asking
that
court
to
permanently
enjoin
them
from
conducting
the
precise
activity
that
is
at
issue
here.
E
E
D
I
appreciate
the
opportunity
to
be
here.
My
name
is
michael
gillum,
water,
411
watt
street
jeffersonville
indiana,
and
I
appreciate
the
opportunity
to
be
back
with
you
today
after
being
here
in
july,
I
at
the
ex
at
the
risk
of
sounding,
like
I'm
pandering
to
you
and
I'm
really
not.
I
think
that
this
board
was
as
thorough
that
night
as
any
board.
I
have
seen
in
border
zoning
appeals
in
addressing
the
issues
and
listening
to
the
testimony
and
making
findings
pulling
its
members
on
on
many
things.
D
D
D
It's
a
it's,
a
basic
kind
of
statutory
interpretation,
which
applies
to
ordinances
too,
that
every
word
has
meanings
and
and
there.
If,
if
there's
something
in
the
ordinance,
you
need
to
read
it,
and
hopefully
it
is
consistent
with
other
things,
you're
supposed
to
read
it
in
the
way
that
it
is.
I
think,
if
I
could,
if
I
understand
the
the
argument,
the
basis
of
the
the
main
argument
is
that
you
can't
rely
upon
this
section.
D
D
And
it
means,
frankly
what
you
think
it
means
whatever
you
think
it
means
it
means
something.
If
there's
any
doubt
about
what
it
means,
then
the
benefit
of
the
doubt
goes
to
the
person
being
regulated
who's.
My
client,
because
it's
a
basic,
tentative
statutory
interpretation
since
zoning
ordinances
or
interrogation,
of
common
law,
that
they're
strictly
construed
and
any
benefit
of
the
doubt,
goes
to
the
person
being
regulated.
D
That's
just
the
way
it
is
so
not
only
do
you
get
to
decide
what
that
means,
but
you
have
to
assign
some
meaning
to
that
section
and
it's
very
possible-
and
I
believe
likely
I've
been
in
the
municipal
law
business
for
a
few
years,
and
I've
drawn
up
statute
or
ordinances,
and
and
sometimes
the
council
or
the
commissioners
or
whoever
it
is.
That's
enacting
these
things
or
city
council
in
this
case
put
that
in
there
for
a
reason,
and
you
have
to
decide
what
it
means
this
board
has
tremendous
authority.
D
D
D
D
I
I'm
not
going
to
to
quote
vaulted
cases
to
you
and
give
you
citations.
You
can
rely
upon
your
attorney
to
do
that.
I
think
that
mr
van
becker
and
I
may
agree
about
if
we
may
disagree
about
some
things,
but
I
think
we
agree
about
a
lot
of
things
in
these
principles
of
statutory
interpretation.
I
don't
think
he
would
dispute
because
they
come
out
of
the
very
cases
that
he
cited
to
you
in
the
paperwork
or
the
letter
that
he
sent.
That's
where
I
got
some
of
these
some
of
this
language.
D
D
There
was
no
evidence
presented
about
you,
know,
accidents
or
other
or
other
problems,
and
so
I
would
ask
you
to
just
affirm
what
you
have
done
if
there
is
any
question
that
they,
if
they
want
to
appeal
this
to
the
to
the
courts
they
can,
but
the
courts
are
going
to
give
great
great
deference
to
what
you
decide
to
do.
The
courts
will
not
substitute
their
opinions
for
yours
when
it
comes
to
this
statutory
interpretation
or
this
interpretation
of
the
ordinance.
I
think
that
you
did
what
was
right.
D
E
A
E
E
E
D
If
a
farmer
raises
grain-
and
he
sells
it,
then,
according
to
mr
van
vacher,
he
he's
violated
the
ordinance
if
he
he
raises
apples
and
he
sells
them
if
he
raises
hay
and
sells
it
if
he
raises
cattle
and
he
sells
the
milk
he's
engaged
in
retail
activity
and
he
can't
do
it
in
this
district.
I
disagree
with
that.
It
doesn't
make
any
sense
if
retail
is
strictly
prohibited
and
the
farmers
can't
operate
farms
in
this
district
through
the
sony
classification
that
doesn't
make
sense,
and
that's
not
what
it
means.
D
H
H
H
H
One
vehicle
parked
at
the
end
of
my
driveway
blocking
my
driveway
during
this
time
period,
so
there's
been
discussion
about
traffic
and
what
that
impact
is
it's
hard
to
go
backwards
when
we
were
prohibited
from
discussing
that
in
the
meetings
in
july
and
talking
about
traffic.
So
this
is
a
real
event.
H
The
next
thing
I
wanted
to
talk
about
was
the
mac.
The
traffic
impact
analysis.
I
think
there
is
some
data
out
there
that
at
least
starts
the
discussion,
so,
according
to
ndot,
between
old
62
and
421,
on
between
0.62
and
421,
that
that
road
saw
669
vehicles
in
a
24-hour
period
between
highway,
62
and
crossroads.
That's
all
1411
vehicles
in
a
24-hour
period.
H
So
if
we
use
the
baseline
of
2000
vehicles
and
bear
in
mind
old
62
is
definitely
the
primary
attribute
to
k-road.
But
k-vote
is
not
the
final
destination
for
a
lot
of
the
vehicles
on
old
62..
So
if
you
assume
the
full
amounts
go
on
the
k
road
which
they're
very
clearly
not-
and
we
have
260
vehicles
going
to
the
swap
meet,
that's
only
half,
because
that's
only
one
direction
so
you're
looking
at
500
and
some
odd
vehicles
going
to
this
swap
meet.
That's
a
pretty
big
percentage
of
2100
vehicles
on
full
62..
H
H
But
if
I
invite
a
thousand
other
people
into
my
farm
to
sell
belts,
jackets
shoes,
whatever
processed
leather
products,
I
think
that'd
be
a
pretty
clear
distinction
that
that's
no
longer
an
agricultural
product,
the
same
thing
that
applies
with
any
other
agriculture.
It
is
most
often
times
processed
to
some
extent.
Before
it's
sold
and
as
a
farmer
I
sure
wish
I
could
get
retail
prices
but
nine
times
out
of
ten,
I
get
wholesale
prices
so,
but
most
agricultural
commodities
have
to
have
some
processing.
H
We
talked
about
the
baked
goods
and
I
guess
I
just
really
questioned
if
this
was
a
standalone
item.
I
don't
see
how
it
would
be
approved
between
the
baked
goods
and
the
hot
food
and
hamburgers
and
lunch
food,
so
why
was
it
allowed
to
be
sold
under
agriculture
and
what
what
conditions
are
there
that
prevent
that
from
being
the
primary
use
here?
Because
in
the
july
meetings
and
all
these
discussions,
I
haven't
heard
any
percentage
breakdown
of
what
the
food's
going
to
be
and
how
that
that
could
potentially
be
the
major
draw.
A
Well:
okay:
let's
wait
a
minute!
Okay
was
mr
golly
from
his
side
speaking.
I
think
if
somebody
else
from
the
audience
has
anything
new
that
wasn't
brought
up
before
for
mr
goldie's
side.
Now,
if
you'd
like
to
speak
for
three
minutes,
but
just
don't
bring
up
the
same
stuff,
we've
heard
many
many
times
before.
A
F
I
Name
is
north
k
road
once
again,
I'm
a
red
head
step
child.
I
don't
like
to
choose
sides,
but
he
brought
up
the
traffic
on
saturday.
I
know
you
asked
us
not
to
bring
that
up
again
as
it
was
brought
up
at
the
last
meeting.
I
too
sat
on
our
porch
from
seven
well
before
seven,
actually
having
my
coffee
until
late
in
the
afternoon,
and
there
were
really
no
traffic
problems.
I
We
did
have
some
stuff
out
that
had
a
sign
set
free
for
anybody
and
there
were
some
people
that
did
pull
over
and
pick
it
up.
One
of
the
other
neighbors
had
some
vegetables
on
the
table
with
a
sign
that
said
free
a
few
people
pulled
over
and
picked
it
up.
I
will
do
that
with
our
apples
as
well,
because
I
have
so
many.
I
can't
put
them
up.
You
know,
preserve
them
or
freeze
them,
but
it
was
very
quiet
and
peaceful
at
8
45.
I
I
actually
posted
on
facebook
that
at
8
45
it
was
very
peaceful
and
quiet.
The
only
noise
was
either
a
tractor
or
a
backhoe
or
some
sort
of
heavy
equipment.
In
the
background
living
on
the
road
I've
been
there
since
oh
gosh,
88
87.,
the
traffic
has
increased
with
the
when
the
hospital
went
out
there
on
the
hill
with
the
subdivision,
we
have
seen
an
increase
in
traffic
for
years
now
and
it's
not
getting
any
less
and
one
day
like
I
said
before,
and
I'm
repeating
myself
and
I
apologize
for
that.
I
I
You
know
I
just
wanted
to
bring
that
up,
because
I
mean
we
set
two
and
had
there
been
anything
that
happened,
that
you
know
didn't
follow
those
rules.
I
did
not
go
to
the
swap
meet
once
again,
I'm
probably
the
only
one
in
here
with
the
math.
It's
because
of
my
job,
I'm
protecting
you
not
me,
I'm
not
going
to
go
out
in
public.
I've
been
to
the
grocery
store
since
march
10th.
I
do
the
click
list
to
protect
people,
but
I
would
love
to
go
and
see.
I
I
F
J
G
J
That's
true,
but
I'm
property
owner
there
and
I'm
actively
engaged
in
a
farm
operation
there,
and
I
think
that
one
thing
that
we're
missing
here
since
that
statement
was
made.
I
just
think
we
need
to
represent
all
aspects
in
the
zoning
of
this
buffer
area,
which
is
residential
and
agriculture,
and
I
don't
believe
we're
representing
adequately
the
agricultural
option
here
and
the
agricultural
option
of
me
myself
and
my
son
and
others
in
the
area
deserves
to
be
represented
because
it's
his
own
residential
agriculture,
it's
not
just
zombie
residential.
J
A
G
B
L
L
L
L
F
L
E
E
What
we
have
here
are
people
just
bringing
animals
to
sell
them
to
the
public,
and
this
happens
to
be
in
an
area.
That's
owned,
residential
agriculture.
I
think
we're
we're
almost
going
backwards
in
the
way
that
we're
applying
this
to
make
the
the
other
agricultural
activity
category
fit
what
they're
proposing
to
do,
rather
than
them
making
their
proposed
use,
actually
fit
the
ordinance.
E
And
I
hope
I
hope
I've
answered
your
question
and
I'll
just
quickly
reiterate
the
point
that
if
the
approach
is
to
stretch
the
meaning
of
this
other
agriculture-related
activities
to
fit
uses
that
are
not
permitted
in
a
district,
then
what
is
the
point
of
having
those
different
categories?
What
is
the
point
of
having
different
zoning
districts?
D
I
won't
take
two
minutes,
but
I
will
say
this
that
I
will
reiterate
that
the
board
has
the
ability
to
interpret
what
that
means,
and
if
the
city
council
didn't
want
to
give
you
some
discretion,
they
could
have
been
more
specific.
If
there's
any
doubt
about
what
that
means,
the
benefit
of
the
doubt
goes
to
the
property
owner
and
the
board
gets
to
interpret
what
this
ordinance
means,
but
again
ask
your
attorney
for
his
legal
opinion.
A
A
A
In
addition,
when
the
meeting
started,
I
read
this
thing,
which
has
quite
a
lot
of
conditions
attached
and
we've
heard
testimony
from
a
very
close
neighbor
that
in
the
one
instance
it
was
held
recently
that
they're,
at
least
in
her
opinion,
there
was
no
great
problem.
That's
just
my
comment
board
member
members.
L
Yeah
I'd
like
to
make
a
couple
other
comments,
so
in
this
document
produced
by
the
indiana
department
of
agriculture,
it
says,
with
more
than
300
destinations
in
2017.
Agritourism
is
a
growing
sector
within
indiana
agriculture.
These
destinations
provide
education
and
fun
for
families
wanting
to
experience
the
farm
and
learn
more
about
where
their
food
comes
from.
K
K
So
I
did
see
the
whole
meeting
concerning
this,
but
I
think
I
have
a
problem
with
when
the
board
allowed
it
and
ricky
read
about
the
agritourism
thing,
and
I
also
I
just
had
to
copy
the
bartholomew
the
same
thing
that
you're
looking
at,
because
I
don't
know
a
lot
about
agricultural
stuff
having
not
lived
on
a
farm
blah
blah
blah.
So
I
wanted
to
do
some
research,
so
I
think
the
problem
I
have
is
when
we
talk
about
agriculturalism.
C
I
saw
some
things
on
both
sides
here,
some
of
it
into
you
know
the
detail
of
the
word
definition
of
words
that
are
striking.
You
talk
about
retail,
you
talk
about
different
things,
do
make
us
do
make
me
think
further
than
maybe
what
we
had
thought
during
that
meeting.
The
other
side
of
it
is
is
that
there
is
an
interpretation
allowed,
and
this
board
is
to
look
at
that
new
terms.
I've
not
heard
agritourism.
A
A
B
A
Okay,
thank
you
so
board
members.
We
have
the
option
of
either
making
a
motion
right
now
to
reverse,
affirm
or
modify
the
disorder,
or
we
can
make
a
motion.
I
get
the
sense.
A
couple
of
you
are
not
so
sure
we
can
make
a
motion
to,
like
our
attorney
said,
continue
or
table
it
until
the
start
of
our
next
meeting,
which
is
september
13th.
Not
that
far
that's
correct
right!
A
C
A
Yes,
so
we've
voted
the
table,
our
actual
decision
until
the
beginning
of
our
next
regular
meeting
on
september
13th,
at
which
time
we
will
possibly
hear
a
little
more
if
appropriate,
or
we
will
just
simply
make
a
motion
and
vote
on
it.
So
that's
what
we
have
done.
So
I
think
that
concludes
our
hearing.