►
Description
City of Madison Board of Zoning and Appeals - September 12, 2022
A
A
C
C
D
E
F
A
C
A
No,
and
just
for
the
record
number
eight
abner
mccollum
at
1837,
wolf
trails
is
not
going
to
renew
so
that
one
is
no
longer
valid.
Moving
on
new
applications
number
one
on
the
agenda
ellen
troutman.
It's
a
conditional
use
permit
for
an
error
for
an
event
space,
an
airbnb
rental
located
at
402,
west
main
street.
A
A
G
G
E
A
Number
one
will
approval
of
this
application
be
injury.
We
have
a
number
of
them
tonight.
So,
for
the
sake
of
time
on
the
first
variance
and
the
conditional
use
I'll
read
the
criteria
once
and
then
in
future
considerations.
I'll
just
say
like
one
two:
three
to
save
time
number
one:
will
approval
of
this
application
be
injurious
to
the
public
health
safety,
morals
and
general
welfare
of
the
community?
A
And,
as
so
often
happens,
downtown
people
just
simply
want
to
add
on
or
build
a
porch
in
line
with
the
existing
house,
which
long
long
ago
was
not
laid
out
according
to
our
current
zoning
law.
So
I
see
no
no
problems.
There
number
two
will
the
use
and
value
of
the
area
adjacent
to
the
property,
including
the
variance,
be
affected
in
a
substantially
adverse
manner
or
mr
acosta.
F
A
And
I
see
no,
we
have
heard
no
testimony
that
there
would
be
an
adverse
effect
and,
frankly,
adding
a
porch
to
your
house
is
not
gonna
ruin
the
neighborhood.
In
my
view,
I
think
that
one's
met
number
three,
the
strict
application
of
the
terms
of
the
zoning
ordinance
will
result
in
practical
difficulties
in
the
use
of
the
property.
Mr
acosta.
A
B
H
D
A
I
What
I
would
like
to
do
is
to
do
a
heavy
small
pet
grooming
business,
along
with
my
residents.
The
plan
is
to
I
already
have
an
existing
carport.
I
would
like
to
enclose
that
and
do
it.
You
know
out
of
the
out
of
like
the
carport
area,
but
have
plumbing
electric
everything,
and
I
know
that
some
people
might
be
concerned
about.
I
I
I
A
A
I
D
A
A
Okay,
thank
you.
Ma'am!
You
can
have
a
seat.
I
guess
we'll
go
through
our
findings
of
fact,
and
I
will
go
through
the
nine
and
then
in
upcoming
ones.
I'll
just
read
the
number
number
one
you
agree.
This
is
in
fact
a
conditional
use
or
is
in
accordance
with
city
of
madison
zoning
ordinance,
section
11.71
general,
mr
acosta.
Oh.
A
A
H
F
A
E
A
F
A
And
with
suitable
conditions,
I
don't
think
it
will
and
the
fact
there
will
be
limited
number
of
animals
there.
I
don't
think
there's
a
great
possibility
of
harming
or
disturbing
the
neighborhood
number
five.
This
big
one
do
you
agree,
there's
essentially
utilities
and
so
forth
are
needed.
Mr
acosta,
yes,.
F
A
F
A
A
A
A
A
A
E
A
Number
five
on
the
agenda:
james
rexieker,
requesting
a
variance
from
developmental
standards
to
allow
a
lot
area
of
less
than
0.125
acre
located
at
1817
orchard
street,
and
that's
r8.
Oh
mr
rig
zigger!
Would
you
yeah,
I
see
you
there?
Would
you
come
up
and
explain
to
the
board
what
you're
doing
yeah
what
your
plans
are?
Why
are
you
requesting
this.
A
A
A
A
J
E
E
A
I
just
want
to
tell
the
board
that
I
attended
the
planned
commission
meeting
previously
before
this
one,
and
I
for
the
record,
asked
them
if
they
voted
to
approve
it
to
indicate
whether
or
not
they
recommended.
Are
they?
How
to
put
this.
I
asked
them
to
put
in
a
statement
in
their
motion
that
they
approved
of
or
had
a
positive
recommendation
about,
splitting
this
lot
into
solely
for
the
purpose
of
giving
us
guidance
because
well,
this
is
new
construction
and
it's
not
according
to
the
ordinance.
J
E
J
J
J
J
H
M
A
H
F
C
A
And
we've
heard
no
testimony
from
a
realtor
or
any
source
indicating
there
would
be
a
adverse
effect
on
property
values
in
the
area
and
the
post
office
is
the
nearest
neighbor
and
obviously
that's
not
a
great
concern
to
them.
I
think
that
post
office
will
be
there
for
a
long
while
so
I've
heard
nothing
indicating
that
there
would
be
a
substantial
adverse
effect
number
three.
A
F
A
F
A
The
next
item
on
the
agenda:
actually
there
are
two
addre
well
six
and
seven
ryan,
rogers
209
west
first
street
and
ryan
rogers
207
west
first
street
both
are
a
it's
a
duplex
conditional
use
permit
for
short-term
air
b
and
b
style
rentals
in
both
of
them.
It's
an
identical
application
for
two
addresses.
So
in
the
interest
of
time
we'll
all
discussion
will
pertain
to
both
of
them.
Since
it's
the
same
thing,
okay
and
sir,
would
you
give
your
name
and
address
for
the
record.
A
L
D
A
A
A
H
N
D
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C
You
might
want
to
do.
You
might
want
to
do
like
a
two
weeks,
because
every
once
in
awhile
something
does
happen
more
than
a
week.
I
know
that
we
rent,
sometimes
we
rent
for
up
to
30
days,
but
I
don't
know
if
I'd
want
to
make
you
stay
at
one
week.
You
might
do
two
weeks
just
to
give
you
a
little
lead
time
and
just
in
case
something
happens,
I
would
think.
C
H
A
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D
N
E
H
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A
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F
A
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A
F
A
F
A
A
A
A
O
Yeah,
so
we
have
one
airbnb
on
714
east
main
for
the
last
couple
years
and
we're
just
adding
to
the
fleet.
I
guess
you
would
say
so:
purchased
604
jefferson
a
couple
about
a
month
ago
and
luckily
was
already
completely
rehabbed.
So
it's
good
to
go
to
adding
my
wife's
decorating
skills
to
the
to
the
mix.
So
that's
what
we're
looking
to
do
same
same
thing
with
that
property.
O
O
P
O
G
D
O
Gate
there
that
with
the
pathway
that
goes
goes
through
there,
I
guess
it's
not
considered
an
ease.
It's
just
like
there's
where
the
property
cuts
off.
There's
the
white
privacy
fence,
and
then
I
have
just
a
little
metal
gate.
You
can
walk
to
the
back
of
the
house,
so
they
can
enter
it
through
that
way
or
off
jefferson.
O
P
O
D
D
D
O
Yeah
this
unit
is
metered
separately
technically,
there's
a
rear
entrance
in
the
back,
we're
just
going
to
use
it
for
like
a
emergency
exit
fire,
but
you
could
technically
rent
the
upstairs
and
downstairs
separate.
It's
got
a
separate
access
staircase
on
the
back,
but
we're
just
doing
it
as
one
one
unit.
One
house
there.
O
A
O
C
E
O
Yeah
and
there's
privacy
fence
on
the
one
side
and
then
the
other
side
there's
a
just
a
metal
black
fence,
but
it's
a
small.
It's
not
a
play.
It's
it's
not
a
play.
It's
literally
just
kind
of
you
walk
out
the
back
and
it's
it's
not
going
to
be
a
place
that
people
will
be
sitting
out
there,
just
not
big
enough,
because
it's
a
tiny,
little
yard
now.
O
A
O
O
O
O
On
your
so
that
one
side
it
actually
doesn't
have
a
common
wall,
except
for
that
top
bedroom
in
the
front,
because
underneath
it's
that's
like
the
rooms
are
smaller
so
because
you've
got
that
walkway.
So
it's
really
the
one
side
on
the
end,
that
has
the
common
wall
or
you
could
say
a
you
know.
If
there
was
going
to
be
a
noise
issue
and
then
we
we
don't
have
posted
hours
like
quiet
hours
on
our
other
house.
We
just
have
a
sign
inside.
O
P
O
D
O
D
C
And
then
you
know
you,
you
got
the
year
conditional
use
permit
and
if
it's
not
working,
then
we
come
back
and
revisit
it.
They've
run
up
airbnb
before
so
I
think
they've
got
experience
in
it
and
if
somebody's
renting
a
four-bedroom
airbnb,
then
they're
probably
spending
some
pretty
good
money
for
that.
Compared
to
you
know,
a
one-bedroom
party
place
yeah.
C
H
O
A
A
A
H
A
F
Yeah,
I
mean
it's
not
very
often
that
we
get
an
application.
It's
just
wanting
to
leave
the
structure
as
it
exists
and
I
think,
with
the
applicant's
previous
experience
managing
this
type
of
business,
I
I
think
that
they
will
maintain
it
yeah
and
and
be
an
appropriate
fitting
for
that.
Neighborhood.
C
A
H
E
A
A
F
A
H
F
A
H
A
H
A
H
F
A
And
I
think
that
that
is
prolonging
the
life
of
an
historic
old
house.
I
think
that
one's
met
move.
We
approve
this
conditional
use
permit
for
a
period
of
one
year,
with
the
condition
that
the
submitted
rules
be
adhered
to.
With
the
addition
of
rule
number,
five
quite
hours
will
be
from
10
p.m,
to
8
a.m,
and
that's
my
motion.
A
A
L
A
L
H
A
F
H
H
F
A
H
A
F
A
H
A
H
A
H
E
A
A
A
A
E
F
K
D
K
A
A
F
D
A
A
A
C
H
H
M
A
A
The
planned
commission
proposes
changes
to
the
zoning
ordinance.
The
city
council
city
council
are
the
ones
that
have
to.
They
are
the
ones
they're
the
legislative
branch
they
make
the
laws
they
make
the
zoning
ordinance
and
they
have
laid
out
part
of
it.
Is
that
section
seven
with
all
those
categories
and
city
council
adopted
that
in
this
case
very
recently
2016.
A
A
It's
not
like
what
we
just
had.
I
mean
it
was
straightforward.
The
poor
guy
bought
a
house
that
was
laid
out
decades
ago
and
so
that's
a
whole
nother
animal
of
imposing
restrictions
on
something
that
was
already
there
is
what
this,
the
previous
guy
faced,
but
you're
asking
us
to
allow
you
a
use,
that's
not
allowed
in
that
zoning,
r8
correct,
so
you're
going
to
have
to
at
least
for
me,
I'm
only
speaking
for
me,
not
them
you're,
going
to
have
to
make
a
pretty
compelling
case.
M
A
B
M
So
as
we
live
there,
this
is
our
primary
residence.
We're
not
looking
to
have
people
in
and
out
all
the
time,
but
it's
a
beautiful
space
that
we
thought
would
be
really
nice
for
what
is
called
now:
micro,
weddings,
typically,
those
are
between
15
and
45
people,
and
so
we
thought
it
would
be
a
great
use
for
that.
M
M
I
would
be
very
up
on
keeping
it
clean
family
friendly
keeping
within
the
hours
of
quiet
time
for
the
city
and
utilizing
one
of
the
decibel
meters
on
your
phone
to
make
sure
that
the
noise
would
always
be
contained
so
that
I
think
sums
it
up.
But
I
do
have
these
written
documents
here
and
if
you
have
any
more
questions,
please
feel
free
to
ask.
C
A
D
D
E
M
M
M
A
M
A
C
A
Board
members
I've
expressed
my
misgivings
about
the
variance
of
use
and
I've
told
you
why,
in
my
view,
this
board
is
and
we
have
granted
a
variance
of
use.
I
believe
we
granted
one
for
the
new
jail
on
the
basis
that
that
thing
was
so
extraordinary
and
such
a
a
singular
use.
That's
not
going
to
pop
up
ever
again.
A
A
H
H
Based
on
what
you
said
earlier
that
I
feel
like
you
do,
the
schedule
of
uses
or
available
uses
is.
I
consider
that
our
limit
as
a
board
is
what
we
can
grant
and
not
grant
yeah
a
jail,
something
like
that.
One-Time
events,
large
things
in
this
case.
I
think,
to
use
that
for
this
then
sets
a
precedent
for
anything
in
r8
that
has
a
just
because
this
this
structure
fits
it
and
has
been
used
before
then.
H
P
P
I
think
that
could
be
considered
in
the
in
your
findings
that
may
go
one
way
or
the
other.
Obviously
you
know
the
limited
amount
of
the
use.
I
think
changes
it
too.
It's
next.
When
you
take
everything
as
a
totality,
you
know
it's
next
to
a
piece
of
property
that
is
never
going
to
probably
be
used
at
all.
It's
not
going
to
interfere
with
anything.
It's
next
to
a
golf
course,
a
tennis
courts
and
an
event
venue.
P
P
Again,
I
think
if
you
weigh
the
whole
application,
I
think
that
makes
it
a
little
bit
different
because
we
were,
I
was
trying
to
think
of
other
solutions
too,
to
that
they
could
still
use
it
for
their
home,
but
I
think
that
it
gets
too
complicated.
Then
I
think,
if
you're
allowing
it
for
this
specific
use
of
these
two
types
of
uses,
I
think,
based
on
what
you
told
me,
a
small
event
venue
and
then
bnb.
P
C
A
A
P
C
E
E
H
H
M
A
C
A
A
M
So
the
property
behind
directly
behind
our
house,
we
are
in
negotia,
we've
done
we're
done,
negotiating
we're
in
the
contractual
phase
to
purchase
that
and
the
the
ideal
plan
is
to
have
that
for
my
parents
when
they
move
down
in
a
few
years
from
northern
indiana,
but
the
meantime
to
either
rent
it
just
to
a
long-term
renter
or
utilize
that
space
as
a
bed
and
breakfast
type
property
rather
than
our
home.
I'm
just
curious.
I
know
our
backyard
is
a
separate
parcel
from
our
house.
It
has
its
own
address.
M
A
A
A
A
D
A
D
A
No,
we
have
a
little
bit
of
business
just
for
the
record,
the
one
and
two
paid
their
renewal
fees
and
therefore
per
previous
motion.
Their
conditional
uses
are
renewed
number
three,
sarah
libby
mann,
a
conditional
use
permit
for
bed
and
breakfast
409
west
first
hdr.
That
was
a
one-year
renewal
and
still
it's
not
paid.
So
this
is
the
third
time
this
has
come
up.
A
H
C
H
P
P
P
Representing
the
city
at
that,
I
didn't
think
it
was
any
reason
why
we
should
get
in
the
way
of
that
the
parties
agreed
the
applicant
agreed.
So
we
entered
an
order.
That
case
has
now
been
resolved.
I
provided
a
letter
to
both
attorneys
for
both
parties
outlining
that
that
variance
had
been
had
been
vacated
and
that
it
hadn't
even
hadn't,
been
recorded
anyway,
because
we
typically,
I
say
we
I
didn't
know
until
I
asked,
but
that
we
don't
record
those
variances
immediately.