►
Description
City of Madison Board of Zoning and Appeals - June 13, 2022
A
Scott
baldwin,
here
before
we
begin
there
may
be
some
of
you
here
tonight.
A
Who
have
an
interest
in
what
would
have
been
the
first
item
on
our
agenda?
Open
road,
renewables
williams
power?
It's
a
conditional
use
permit
to
establish
a
battery
energy
story
system
storage
system
on
4000
north
paper
mill
road
that
one
the
applicant
has
requested
it
be
tabled.
So
we
won't
be
discussing
that
at
all
tonight.
So
if
any
of
you
here
were
here
for
that
purpose,
you're
welcome
to
stay
for
our
meeting
or
feel
free
to
leave.
A
A
In
the
portion
of
the
minutes,
which
were
recorded
by
court
reporting
and
video
services,
page
12
line
26,
they
mentioned
indian
gate
road
and
that
should
be
indian
cave
road.
A
C
A
A
That
approval
will
be
next
month,
hopefully,
okay,
moving
on
renewals
for
conditional
use
permits
I'm
going
to
go
through
some
of
them,
the
ones
who
have
paid
first.
I
won't
read
them
entirely
number
two
on
the
agenda:
james
gurley,
he
paid
no
complaints,
number
four
laser
command,
llc
paid,
no
complaints,
number
five
knights
of
columbus;
they
paid
their
fee,
no
complaints,
number
seven,
susan
smith
thousand
plus
east
fulton
street.
She
has
paid
no
complaints
and
number
eight
on
the
agenda.
Darlissa
davis,
206
green
road.
She
has
paid
with
no
complaints.
A
No,
those
are
approved
now
there
are
a
few
more
who,
as
of
our
meeting,
have
not
yet
paid
number
one
katherine
ayers,
1116
west
maine.
She
is
not
as
of
yet
paid
number
three
on
the
agenda
and
a
win
1402
bear
street
has
not
yet
paid
a
renewal
fee
number
six
pet
sense.
Llc
has
not
yet
paid
the
renewal
fee.
A
I
move
that
we
direct
our
attorney
to
send
them
a
letter
indicating
that
their
renewal
fees
are
not
paid
and
that
their
conditional
uses
have
expired.
However,
if
they
pay
their
fee
before
our
next
regular
meeting,
it
will
be
renewed,
and
I
would
also
instruct
that
they,
the
letter,
contain
information
that,
if
they
wish
to
apply
for
an
extension
or
a
longer
period,
they
can
contact
the
building
office
and
apply
for
a
longer
period
than
what
they
have
that's.
My
motion.
A
Yes,
scott,
yes,
that
takes
care
of
our
renewals.
Moving
on
to
new
applications,
as
I
said
number
one
on
the
agenda:
open
road,
renewables
or
williams,
power
llc,
they
were
seeking
a
conditional
use
permit
to
establish
a
battery
energy
storage
system
at
4000
north
paper
mill
road
in
zoned
agriculture.
A
E
A
A
F
F
F
D
D
G
H
G
A
C
You
know
I
drove
through
that
area
and
it
reminds
me
a
lot
of
the
issues
in
downtown
madison
where
everything
is
close
together
and
and
the
lots
are
small.
C
I
I
don't
see
any
reason
why
it
would
be
injurious
to
any
of
those
things
I
mean
to
me.
The
issue
is:
we've
got
a
we've,
got
a
resident
of
madison,
that's
trying
to
improve
a
property,
so
I
don't.
I
don't
think
it
would
be
injurious
to
any
of
those
things.
H
A
And
we've
heard
no
testimony
that
it
would
be
from
anybody
who
would
stand
as
a
expert
opinion
so
and
certainly
in
putting
up
a
garage
in
this
day
and
age
on
your
property
is
not
viewed
as
harmful.
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.
H
A
A
The
next
item
on
our
agenda
is
red:
ball
recycling,
requesting
a
conditional
use
permit
for
a
metal
recycling
facility
at
2910,
wilson
avenue
and
that's
in
m1
or
light
manufacturing.
We
have
somebody
in
the
audience
to
represent
a
company,
come
on
give
your
name
and
address
please,
for
the
record.
Explain
what
you
plan
to
do.
I
So
we
have
I
own
a
recycling,
metals,
recycle
facility
in
jeffersonville
indiana
and
we
buy
from
small
manufacturing
mid-size
manufacturing
companies
and
the
general
public
plumbers
electricians,
aluminum
cans,
copper,
steel,
old
farm
implements
stuff
like
that,
and
we
draw
a
decent
amount
of
business
from
this
area.
You
know
hanover
madison
that
come
our
way
and
we've
I've
been
looking
at
this
area
for
a
little
while
is
a
potential
for
future
expansion
and
identified
this
property
on
wilson
avenue
that
may
or
may
not.
I
This
would
be
up
to
you
guys
that
fit
the
criteria
for
what
we're
doing,
and
it's
a
12
acre
piece
of
property.
We
plan
on
using
not
all
of
it,
but
you
know
that's
the
lot
size
and
we
have
proposed
to
build
a
potentially
built,
a
six
to
seven
thousand
square
foot
warehouse
and
then
there'd
be
a
truck
scale
that
would
go
alongside
seen.
The
drawing
that
we
submitted.
I
The
vs
truck
scale
would
go
alongside
the
warehouse
where
a
vehicle
or
truck
would
pull
in
and
why
go
back
and
unload
come
back
way
out.
Majority
of
the
customers
will
get
paid
at
that
time
and
then
leave
it
would
probably
employ
in
their
early
stages,
probably
five
people
locally
and
upwards
of
10.
I
Maybe,
as
time
went
on,
I
don't
see
it
being
a
whole
lot
bigger
than
that,
as
far
as
how
many
people
would
it
would
employ,
and
historically
facilities
like
ours
have,
you
know
not
not
been
shed
in
the
great
light.
You
know
irresponsible
owners
or
what
have
you?
That's
not
how
we
operate.
I
mean
it's
a
pretty
clean
facility
that
we
operate
in
jeffersonville.
That's
what
we
would
propose
here,
fenced
and
screened.
I
However,
you
know
whatever
meets
city
requirements
here.
As
far
as
that's
concerned,
you
know
we
anticipate,
probably
50
to
60
transactions
a
day,
maybe
a
few
more
as
time
would
go
on
that
wouldn't
be
what
it
would
be
at
the
beginning
and
after
maybe
a
year
or
two
you'd
probably
have
about
50
to
60
people
a
day
that
would
come
and
leave
at
the
front
of
this
property
there's
already
a
conditional
use
permit
from
which
is
not
mine.
I
It's
the
the
the
owner
at
the
front
of
this
property,
which
it's
kind
of
like
a
small
industrial
area.
He
operates
a
operation
at
the
front
that
dumps
rock
and
concrete
and
excavation
contractor
that
we're
talking
to
about
purchasing
the
property
from
sells
rock
and
mulch
and
stuff.
So
it's
got
a
pretty
good
set
back
from
the
main
road,
probably
wouldn't
have
a
huge
amount
of
visibility
and
as
far
as
that's
concerned,
so
any
questions
I'm
here.
H
I
It
wouldn't
be
all
indoors
so.
I
Take
place
indoors
is
the
more
valuable
stuff
like
copper
and
aluminum,
and
brass
and
stuff
like
that.
Outdoors,
like
the
steel
and
stuff
that
would
come
in
like
if
somebody
brought
in
an
old,
washing
machine
or
you
gotta,
handle
that
outside
with
like
an
excavator
type
piece
of
equipment.
So
it
would
come
off
and
get
unloaded
off
a
truck
put
in
a
trailer
and
haul
back
to
our
main
facility
in
jeffersonville.
C
Well,
I
would
say
that
as
one
that
sells
scrap
metal
to
different
vendors.
C
D
I
Personality
right
we're:
this
is
my
own
company
and
I
don't
have
any
partners
we're
not
a
part
of
any
other
organization,
we're
about
a
30
million
a
year
business
in
jeffersonville,
okay
and
we've
got
upwards
of
50
employees,
and
my
philosophy
is
all
for
for
for
customers
to
come
in
and
want
to
come
back.
It's
got
to
be
clean
and
tidy.
Okay
and
the
other
side
of
it
is
our.
I
Our
business
is
regulated
by
local
state
and
federal
agencies
from
the
epa
to
I
damn
you
know
in
indiana,
and
then
local
zoning
and
city
enforcement
codes,
and
my
our
motto
has
always
been
tour
ready
within
10
minutes,
so
somebody
shows
up,
we
like
to
be
able
to
walk
them
around
and
have
no
flaws
and
anybody's
welcome
to
come
to
our
facility
in
jeffersonville
at
any
time
and
see
it,
it's
paved.
The
buildings
are
new.
We've
invested,
I
think.
I
Since
june
of
last
year,
we've
invested
about
four
or
five
million
dollars
in
the
piece
of
property
that
we
have
in
jeffersonville.
Indiana.
We're
not
you
know
we're
not
your
grandpa's
junkyard.
I
mean
this
is
scrap
metal,
recycling,
it's
not
cars
or
parts
or
windshields,
or
you
know
what
I
mean
we
we
move
industrial
metals
from
the
likes
of
madison
precision.
Here
we
deal
with
on
a
daily
basis
with
all
their
aluminum
and
stuff
like
that,
and
you
know
it's
it's
it's
just
how
we
operate
so.
I
The
location
we
opened
in
june
of
last
year,
we
were
in
clarksville
for
seven
years
prior
to
that,
eight
years.
Prior
to
that,
we
moved
because
they're
building
a
park
we
were
located
in
jeffersonville,
so
we
came
to
an
agreement
with
the
parks
department
in
clarksville
to
move
because
we
were
close
to
the
river
they're
behind
about
600
acres
in
that
area,
and
we've
moved
to
jeffersonville
been
to.
I
Every
everywhere
we've
ever
went
is
different
right,
so
jeffersonville
required
a
fence
and
we
had
to
get
a
variance
to
put
up
the
height
defense,
so
they
they
usually
have
like
a
sick.
They
want.
You
know
the
city
ordinance
in
jeffersonville.
They
have
just
a
regular
chain
link
fence
that
you
can
see
through
like,
but
we've
got
a
variance
to
put
up
an
eight
foot
fence
there
that
can't
see
through
and
we
plant
we
had
to
plant.
You
know.
I
Is
to
put
up
a
tall
fence,
eight
foot
tall
that
nobody
can
see
through
and
you
can't
see
in.
I
can't
see
out
kind
of
thing
and
screen
it
with
trees.
But
if
you
know
we
have
to
obviously
work
with
the
building
department
to
find
out
what
what's
required.
You
know
jeffersonville
and
clarksville
everybody's
got.
You
know
somewhat
different
requirements
as
far
as
that's
concerned.
H
I
I
I
five
days
a
week
and
then
on
a
saturday
we're
open
eight
to
twelve
and
that's
usually
to
to
that
takes
care
of
the
working
guys.
You
know
moms
and
dads
that
are
working
all
week
to
take
the
kids
down
with
aluminum
cans
or
guys
that
work
on
cars
all
week
or
farmers
or
what
have
you
so
it's
a
busy
day
for
us,
usually
saturday
mornings,.
I
In
indiana,
as
far
as
the
way
you
buy
things
so
buying,
you
know
we
used
to
buy
a
lot
of
automobiles
in
jeffersonville,
and
that
would
be
about
the
most
hazardous
thing
you're
going
to
buy
as
a
car
in
our
business
because
of
gasoline
and
stuff
like
that,
and
the
laws.
E
I
In
indiana
in
july
of
last
year,
I'm
gonna,
I
want
to
say
july
last
year,
I
might
don't
don't
quote
me
on
that
where
it
became
a
title
law,
we
actually
have
to
have
title
to
a
vehicle
to
sell
it
and
that
that
basically
stopped
that
business
to
to
a
big
degree
and
so
cars,
don't
cars,
don't
move
as
as
frequently
as
they
did.
But
the
worst
thing
we
handle
in
our
business
is
an
automobile.
E
E
I
It
always
does
so
we
drain
it.
We
have
a
system
where
you
work
on
for,
like
a
better
term,
a
concrete
pad
with
a
retaining
wall
around
it
and
at
one
end
of
it
would
be
an
oil
water
separator
gas
is
draining
to
whatever
receptacle.
You
know
it's
hard
to
explain
it,
but
it's
usually
a
tall.
Please
put
it
and
set
it
up
there,
some
guy
drains,
the
gas
out
of
it,
puts
it
into
a
tote,
totes,
200
gallons.
I
I
D
E
I
It
at
their
house
so
that
that
is
that
is
something
that
that
we
have
to
address
it's
a
cost.
I
mean
it's
a
burden
to
bear
for
us,
but
it
has
to
be
addressed.
Yeah.
I
D
I
I
We've
never
had
an
issue.
I've
got
reports
from
my
dam
where
they've
come
out
and
inspected
randomly
and
had
not
had
an
issue
at
either
of
our
locations,
our
jeffersonville
location.
No,
I'm
sorry
because
it's
too
new,
so
it's
an
annual
basic
week.
We
started
last
june,
so
nobody's
made
it
that
far
yet
still
coming,
they
will
come.
I
Issue
that
scrap
recyclers
like
me,
face
and
deal
with
on
a
daily
basis
is
working
with
local
law
enforcement.
Okay,
and
we
do
that
in
in
jeffersonville
and
clark.
So
we
did
it
in
both.
You
know
to
make
sure
that
you
know
that
we're
not
there's
a
certain
amount
of
laws
that
you
have
to
think.
I
Weren't
they
don't
miss
them.
Listen
for
my
house.
I
was
afraid
I
might
have
bought
them,
and
but
I
can
tell
you
yeah,
I
mean
they'll
go
missing
whether
they
go
missing,
whether
I'm
here
or
not.
Unfortunately,
but
we
work
close
enough
with
law
enforcement
that,
if
something
like
that
happens,
we'll
have
the
surveillance
and
the
photographs
of
the
person
on
our
facility
selling
it
that
can
usually.
C
How
many,
how
many
excavators
do
you
think
you'll
have
in
operation.
I
I'd
love
to
tell
you
tan,
but
the
market
wouldn't
bear
it.
It
would
be
two
and
the
reason
for
the
second
one
would
be
if
the
first
one
broke
down
and
they
did.
D
I
Did
have
a
fire,
but
it
had
nothing
to
do
with
scrap.
Unfortunately,
unfortunately,
I
had
a
fire
in
my
maintenance
shop.
One
time
a
guy
we
put,
we
put,
we
had
some
stuff
out
storage.
It
was
about
this
time
of
year.
It
was
really
really
hot.
Stuff
was
wrapped
in
some
kind
of
paper
that
we
bought
it
in
some
parts
for
trucks
and
sitting
on
top
of
a
piece
of
some
sheet
metal
and
it
got
hot
caught
on
fire
caught
our
building
on
fire.
So
yeah
we've
had
we
had
that
fire,
but
we
don't.
D
A
I
D
I
The
way
things
are
going,
I
mean
to
find
people
to
do
construction
and
stuff.
I
wish
it
could
be.
I
mean
it
would
be
next.
D
I
Before
it
would
be
done,
it
would
be
a
minimum
of
six
to
seven
months,
eight
months,
just
under
construction
and
then,
however
long
it
takes
to
go
out
and
hire
people,
it
would
take
a
while.
We
look
at
our
total
capital
investment
and
equipment
and
land
and
buildings
and
stuff.
We
probably
spend
about
two
and
a
half
million
dollars
on
the
property
and
the
improvements
we
probably
hire
five
to
ten
people
over
time.
D
I
We
would
work
with
staff,
I
guess,
as
far
as
what
they
were,
requiring
the
amount
of
trees
and
landscaping
and
stuff
like
that
outside
you
know
a
contract
for
lack
of
a
better
term
that
plant
me
the
10
trees
or
100
trees
or
50
trees.
If
you
don't,
you
know,
and
when
all
of
those
requirements
are
met,
and
only
then
would
I
get
a
certificate
of
occupancy
to
operate
on
property.
A
A
Number
one
our
findings
fact
number
one.
You
agree.
This
is
in
fact
a
conditional
use,
as
established
under
the
provisions
of
article
5,
mr
ferris,.
H
A
C
And
and
talking
to
the
applicant,
it
sounds
like
you
know,
he's
very
conscientious
about
being
a
good,
neighbor
and
running
a
clean
business
which
I
I
see
is
positive.
So
I
think
it
does
fit.
A
And
recycling
facilities
are
specifically
allowed
in
the
official
schedule
of
uses,
so
I
think
this
is
completely
in
accordance
with
that.
One
number:
three:
do
you
agree?
This
will
be
designed,
constructed
and
maintained
to
be
harmonious
and
appropriate
in
appearance
with
the
existing
or
intended
character
of
this
general
vicinity,
and
I
won't
change
the
character
of
the
same
area.
C
I
think
it
will
again.
I
think
we
addressed
those
questions
with
the
applicant,
and
I
think
you
know
there
are
some
things
that
we
need
to
address
in
in
our
motion
specifically
for
this,
which
you
know
the
applicant
is
well
aware
of,
and
it
sounds
like
the
madison
zoning
ordinances
are.
D
A
That's
specifically
an
area
specifically
set
aside
for
light
industry.
It
already
has
that
usage
nearby
for
dirt
and
rock
and
various
other
kinds
of
garden
materials.
There
are
all
manner
of
small
shops
and
factories
in
that
area.
So
I
this
is
precisely
where
this
kind
of
thing
belongs.
I
think
that
one's
met
number
four.
Do
you
agree?
This
will
not
be
hazardous
or
disturbing
to
existing
or
future
uses
in
the
neighborhood.
C
No,
I
don't
think
it
will,
I
think,
it'll
be
beneficial
to
to
the
neighbors
and
the
manufacturing
community
in
madison.
I
think
they're
going
to
be
providing
a
great
service
to
our
manufacturers.
H
A
C
I
think
it
will
again
that
that
whole
stretch
of
wilson
avenue
is
designated
for
these
types
of
businesses.
So
I
think
all
all
the
requirements
are
met.
A
And
I
agree
that
all
the
necessary
utilities-
fire
protection
police,
which
would
be
not
a
great
issue
on
this
kind
of
business.
It's
all
there
in
abundance.
Number
six!
Do
you
agree?
This
will
not
create
excessive
requirements
for
services
and
won't
be
detrimental
to
the
public
wealth
or
the
economic
welfare
of
the
community.
Mr
ferris.
A
C
No,
I
don't.
I
don't
see
that
it'll
produce
excessive
noise
or
or
odors.
A
C
And
and
that
whole
zoning
district
out
there
was
built
to
handle
this.
A
And
I
agree
it's
an
industrial
area,
it's
designed
for
industrial
traffic.
Number.
Nine.
Do
you
agree?
This
will
not
result
in
loss
of
natural
or
historic
features
of
major
importance.
Mr
ferris.
C
A
A
C
I
would
make
a
motion
that
we
approve
this
conditional
use
permit
for
a
period
of
three
years
with
due
to
the
investment
that
the
applicant
is
going
to
be
making,
and
I
think
that
we.
A
A
I
I
I
Would
do
in
this
meeting
and
meeting
all
the
requirements
that
you
guys
put
forth?
Is
there
a
scenario
where
somebody,
let's
say
doesn't
like
me
or
the
business
or
dary,
could
just
say:
hey
we're,
not
marveling,
just
because
we
don't
want
to.
Is
that
a
scenario
that
exists
or
is
it
just
just
a
formality
where
a
piece
paper
comes
out
and
bill
gets
paid
and
if
we're
doing
everything
we're
supposed
to
do
or
it
just
gets
renewed
for
yeah.
A
E
C
I
A
Typically,
they're
renewed
and
we're
also
in
in
the
reminder
letter
saying
that
if
people
who
especially
who
run
legitimate
businesses
want
to
apply
for
a
longer
term
like
after
the
three
years,
if
you
wanted
to
apply
for
you've
got
a
going
business,
nobody
has
complained.
There's
been
no
problems
whatsoever,
you
could
apply
for
a
longer
term,
just.
I
C
C
A
A
J
I'm
chance
cole.
I
live
at
1733
crozier
avenue
brandon's
on
vacation,
so
he
asked
me
to
come
down
his
plan.
Is
he
was
he's
wanting
to
do
a
bedroom
edition
off
the
back
of
the
house
14
by
24
is
what
he's
hoping
to
do
and
I
think
on
the
west
side,
from
the
property
line,
it
would
be
four
foot
six
inches,
which
is
basically
what
the
existing
house
is
currently
down.
J
J
J
A
C
B
A
C
A
C
I
don't
think
so.
They're
they're
just
bringing
the
addition
out
to
where
it's
parallel
with
the
footprint
of
the
existing
house,
and
I
don't
see
any
reason
that
that
would
adversely
affect
joining
properties.
A
C
Yeah,
the
the
strict
application
would
prevent
them
from
building
the
addition,
and
you
know
I
think
the
the
practical
difficulties
are
just
you
know
the
the
size
and
shape
of
of
the
lot,
and
you
know
it's
an
older
neighborhood
that
we
see
a
lot
of
these
type
of
applications
come
in
for.
A
H
Unless
we
approve
the
variance
requesting
pipeline
set
back
on
the
north
and
29
and
sent
back
on
the
west
lines
for
addition
to
the
residents.
Second,.
A
A
A
That
concludes
our
four
applications.
Under
old
business.
There
were
two
previous
people
who
were
have
not
sent
in
their
renewal
fees,
mpp,
rentals,
indiana
apartment
holdings,
both
of
those
have
been
paid,
and
I
would
presume
that,
therefore,
their
conditional
use
or
their
conditional
uses
are
renewed
by
previous
motions.