Board of Zoning Appeals and City of Madison Plan Commission - Regular Meeting

Monday, August 10, 2026

The Board of Zoning Appeals and City of Madison Plan Commission tabled a request for a campground variance and a primary structure setback variance. The board approved a variance for a carport and a special exception for a short-term rental, as well as a variance of use for another short-term rental.

About this meeting

Government Body
Board of Zoning Appeals and City of Madison Plan Commission
Meeting Type
Board Of Zoning Appeals And City Of Madison Plan Commission
Location
Madison, IN
Meeting Date
August 10, 2026

Transcript

116 sections

5:00•Speaker 6

all righty now we know that

5:10 – 5:56•Speaker 1

We would not initially probably possibly ever be able to provide water to that campground site. There's a limit on new water hookups in the area. So our thinking was really just a dry camping, provide electricity at the most to people that were just looking for a place to stay for a little bit. not trying to run some big old RV park on our property. That's basically the idea that we had. We know that there's a lot of stuff that would have to happen if this got approved before we could really open that up to any sort of business. But at the very least, once we got it approved, then we'd be able to have family come out and stay with us and not have to worry about running afoul of the government.

6:01 – 9:08•Speaker 7

See what your desire is you say in your application you want to use You have a 33 acre property And you want to use point three acres from two to four RVs But as you may know Madison recently adopted a new unified development ordinance that replaced the old one It was given a whole lot of exposure. There were many meetings, some of them with people advising how to ride it, some of them open to the public. There were meetings with all the various zoning districts laid out. So there were all kinds of opportunities, just very recently, to comment about uses in all the various zoning districts. Some of the zoning districts were even changed. And in all the conversation and all the stuff that went on before city council adopted the law, which it is, it's law, the whole subject of putting campgrounds in residential agriculture was never approved, and hence you want a variance of use. And under the name of campground, there were a lot of ordinances. There are a lot of things that have to be satisfied. Here's section 3.4 on page 56. Campground standards, minimum lot area of five acres, site access from a public road at least 24 foot wide, paved first 200 feet. Fire and EMS shall approve site layout. There are other things, let's see, Ah, here we go. You have to have in residential agriculture a public water supply, but you don't have to have public sewers. And the big one, you have to install sanitation, which I presume in the country out there would mean an adequate-sized septic tank and a drain field and all that kind of stuff. But those are things that pertain to campgrounds. And certainly, if it's going to be used commercially, and by commercial I mean you rent it out to people for a weekend or a week or whatever, then you have to abide by those rules. And now this thing becomes very costly because you're going to have to. By your own admission and your application, you don't have sanitation for this specifically. I presume you have a septic tank for your house. No, we're on Rikers Ridge sewer.

9:08 – 9:46•Speaker 1

So you do have a sewer system, okay. And with our family staying, they would use our bathrooms. When they come, they would just be staying in the RV, sleeping in the RV, using our bathrooms and showers. So it's doing the family thing. That's not really the big deal, obviously. If we print it to anybody else, then we don't want them using our bathrooms, which is why that would be much farther in the future because, like you said, there would be a lot that we had to take care of on our end before it came to being of any commercial value to doing that or ability to do that.

9:46 – 11:06•Speaker 7

Well, that was a big concern because I figured they were going to come and they were going to use your potty and your shower. But since you're on Rikers Ridge sewer, then that obviates a lot of problems. But the big problem for me is, despite all of the meetings and everything that was just very recently held to adopt this new UDO, which follows an awful lot of state guidelines, then it seems to me like Your thinking is you're awfully close to the county, which would have allowed this under their UDO. But per Indiana law, you're in a two mile fringe area around the city, which, well, it makes some problems for people, and it also protects the city. So there are my issues. It just wasn't allowed. And certainly, using a public campground would require a considerable investment. Board members, do any of you have any other questions?

11:08 – 11:40•Speaker 6

Well, one thing I'd add. I don't know if everybody knows, but if we give you a variance to do this, that attaches to the property. So you can sell the property. Somebody else could put in 80 cappers for a weekend if they had all the water and sewer. So I don't think that's the right thing to do. Now, if it's just for your family, your backyard, they pull them in there, I don't think anybody's going to say a word. But... But the variance, you don't have another count worms.

11:41 – 12:07•Speaker 10

Does the variance not have a limit on it? You can put reasonable conditions on that, and then the way we function within the city, those get recorded with the deed. We go and record those sheets here after the meeting at some point, and that would get recorded. So there were definitely some restrictions, I think, that need to be put on if you consider it, such as number of campsites and even maybe a setback or something like that.

12:07•Speaker 6

But without the water and sewer and all that, I'm not farthest at all.

12:30 – 13:16•Speaker 1

So we haven't talked to anybody about doing the work beyond that. One, it seemed like there wasn't a whole lot of point until we found out if we even got the variants. And the primary purpose of the variants was for our family to be able to stay. So even if we got the variance and they all told us, no, you can't put in water, you can't put in sewer. We were like, well, you know, at least we can still have our family stay without anybody being able to call the city on us for the family. So we haven't really pursued that. There is another campground just down the road. And when I was going around talking to people, he told me all the stuff that he's gone through. I was like, And I don't know if it's worth going all that for, like, maybe 50 extra bucks a weekend.

13:16 – 14:05•Speaker 6

We've got some nice campgrounds here for your family to come in and use. You know, you go out to Quincy Falls, nice campground up there on the river. But I just think they would come visit you and use those. That's just my opinion on one person. And I read the comments from the neighbors. And, of course, they raise a lot of concerns. about the heavy traffic on K Road. And K Road, as you know, is a narrow road. Yes. And I can't imagine pulling a camper down that road and feeling real comfortable about it. It reminds me of one scene back in one of those, what was it, D-Mart, and one of those pulling a camper. I can see K Road doing that. Well, and

14:06 – 14:34•Speaker 1

I guess when we were envisioning it, like my parents' bumper pole is a small one, not one of the big, long. She has a – well, I guess it's both of our brothers-in-law, her sister's husband. They have, you know, a little pop-up camper, right? That's like kind of on our mind. We were never envisioning 40-foot Class A RVs or anything like that trying to work their way back onto K Road because – That's a little bit crazy.

14:34•Speaker 6

We didn't know that. It's the RV. Right. They can go up the...

14:39 – 14:50•Speaker 10

But we're definitely willing to put restrictions on size for the... Any other questions or comments, board members?

14:50 – 15:40•Speaker 7

No. Well, this is a five-person board, and obviously only three of us are here tonight. And... Obviously also to pass anything, you have to have three, four, three votes for. And so if you read the board, we could give you the opportunity if you want to think it over and come up with some voluntary restrictions and you'd like to come back later, then we'd be very glad to table it for you so you don't have to reapply or do anything. We'd be happy to do that. I think that would probably be a good idea.

15:40•Speaker 1

If the full board were here. I don't know if you can answer this. Are there any particular restrictions that you would like us to consider?

15:50 – 17:13•Speaker 7

The neighbors are going to be terribly worried. We've been through this before on K Road. Not with a campground, but with another use. The neighbors are going to be concerned about... First of all, traffic. RVs trying to negotiate that miserable K Road. They're going to be worried about disturbances. They're going to be worried about your property being used as a, what do you call them, an all-terrain vehicle park with guys roaring around at 3 o'clock in the morning. They're going to be concerned about guys shooting off guns and getting drunk and generally raising HE double toothpicks, which has happened out there. So I think those are going to be major concerns. So if you crafted something that even you indicated to your neighbors that you only wanted family members, you only wanted them X number of weekends or whatever a year, you realize you'd have to comply with the campground regulations, which involves installing sewer risers. You know, RVs have holding tanks, and they've got to be dumped.

17:16 – 17:28•Speaker 10

Scott, I'll give them, if you'd like a copy. We did receive two comments. One came in yesterday. I think one came in late Friday. So I'll give you those just so you have a sense of how they alleviate some concerns then.

17:28 – 17:55•Speaker 7

Because I am pretty sure most of the neighbors are going to be opposed. And there is also the issue that Mr. Eaglin here brought up that it goes on under the new rules of the state of Indiana. These things go on your property deed. And so while you may be very responsible and decent people, you sell the property and there's no guarantee. Do you want to correct me?

17:56 – 18:41•Speaker 10

Generally, use variances, development standards, variances, those do run with the land, just like we've talked about special exceptions. There are instances, a lot of times you need to let those run with the land if there's been an investment, like a conversion to a new use or something like that, especially like accessory dwelling units. You can put some restrictions on that. You've done that on a few others, but I wouldn't make, that's not the norm. That's not the normal route when it's something operationally based. I think it's something you can consider that's a little bit of a different use. I know they are the last parcel in our jurisdiction. The other side of this property is in the county's jurisdiction, so they're right on our edge of our jurisdiction.

18:42•Speaker 7

I see your situation. You're literally two feet away from where you could do this and nobody would care.

18:50 – 19:01•Speaker 1

I apologize for not following what was happening in Madison, but before this we thought we were in the county, so we just weren't really paying attention to what was going on in Madison.

19:01 – 19:40•Speaker 7

Well, you've got to live and learn. You've got to learn that you live under government laws. It's called due diligence. And if you were to start a business... like you want to build a business, then you're probably going to take core samples to see if your ground's contaminated and various things like that. So you've got to... Until I got on this board, I was like you. I didn't realize. But now I understand that there are an awful lot of things you've got to look into. That's the first person. Right.

19:51 – 20:23•Speaker 10

So RVs are a little bit of a tricky one so RVs they are not a HUD approved dwelling unit so they can't be used for a permanent residency because they're a temporary or portable structure they're not a permanent residence so people cannot live in those outside of campgrounds within our jurisdiction in the county jurisdictions the same We don't have provisions that allow for temporary occupancy of those, again, outside of the campground. So that's kind of where you run into a little bit of this issue.

20:24•Speaker 7

Well, if you'd like to think it over, we'd be glad to table it. Okay. You can ponder it.

20:31•Speaker 10

We'll do that. Yes. Do you want to go ahead and do public comment and have the public hearing now, or are you tabling everything until the next meeting?

20:37•Speaker 7

We'll table it until the next meeting. I think we're trying to look out. We're considering you, but we also, we've been through this on K Road.

20:47•Speaker 1

As I talked to my neighbors, I learned that they've been through this on K Road. We didn't know.

20:54•Speaker 10

We're learning. Scott, do you want to make sure there's nobody who's in attendance today that can't attend the next meeting? Just in case there's a comment. Just a thought. So, good for you.

21:05 – 21:39•Speaker 7

Well, that's just a few folks that have a seat. As our secretary, Ms. Williams, pointed out, if any of you in our next regular meeting, August 14th, if you can't be here on that day, you have an obligation. And then we'd be glad to take like a two or three-minute comment from you so you can be heard. Otherwise, we'll post phone comments till that next regular meeting. Well, come on up.

21:39•Speaker 10

Can you state your name and address, please? Thanks.

21:46 – 22:16•Speaker 8

Terry Camden. I live in 2400 Castor Lane. I've farmed up here in 30-some years. And, you know, we pull semis in there, 30-, 34-foot trailers. You know, like you said, a public campground, a family I would have no problem with, but I don't think they need to be in there all the time like a public campground. And didn't you say on the law that they stated the road had to be 24 foot? Well, that's the entrance off of the public road.

22:16•Speaker 7

It has to be 24 foot wide and...

22:20 – 22:31•Speaker 8

paved for the first 200 feet. Like I said, you know, I know I cannot get up there and stay on my side of the road on them turns on the hills especially. That's what, you know, would concern me. Thank you.

22:31•Speaker 7

You're welcome. If anybody else cannot be here on September 14th and you'd like to say a brief comment for the record, you're sure welcome.

22:44 – 23:22•Speaker 2

My name is Roger Ward. I'm the president of Record Ridge Water Company, which... This falls under our jurisdiction. I have a document I want to submit to you all that may or may not help you in future endeavors. I'll read it out loud. Dear VZA members, this letter is to inform you that K Road, Jefferson County, Indiana has a moratorium in place and at this time no water taps for water are available. This moratorium has been in place for several years. Signed by the Board of Directors. I just want this on record that we'll help you The next time a K-Road thing comes up, there is no water available.

23:24•Speaker 10

I'll take that and scan it in.

23:26•Speaker 7

And board, I move we accept this letter into the public record. All in favor say aye. Aye. Opposed, no.

23:35 – 23:56•Speaker 10

It's accepted. And one clarification, too. Oh, this is a use variance. So there would be no time necessarily limit on that. But special exceptions would be two years. You have to establish the use within two years. I don't know when that might be lifted, but it doesn't sound like maybe within the couple-year frame.

23:58 – 25:49•Speaker 7

Well, we have taken care of any possible public comments, and we did not move to table it. So I move we table this application until our next regular meeting. Have a second? Second. All in favor say aye. Aye. Aye. Opposed, no. So if any of you folk, I suspect some of you were here on account of this, we will take the whole issue up unless the applicants withdraw it, obviously. But we will take the issue up and have comment. as needed at our September 14 regular meeting. So if any of you would like to leave now, if you're not interested in staying on watching our solemn proceedings, you're sure welcome. Okay. Next item on the agenda, Next item on the agenda is BZVD-26-8, Luke Taylor, Tammy Bednar, requesting variance from developmental standards for an accessory structure setback 828 West 2nd Street. So, somebody speaking on their behalf? Yes, sir. Give your name and address and explain the situation.

25:50•Speaker 4

Name is Luke Taylor. I live in Scott County, but address in question is 828 West 2nd Street.

26:00 – 26:45•Speaker 7

And you are requesting a variance from developmental standards. I understand to install a carport type of a roof thing over an existing driveway. Yes, sir. And the driveway's been there, I presume, since Noah's Flood. sometime yes and you're just simply gonna you have to have a variance because it's a structure and the driveway was situated such things we run into downtown all the time board members do you have any questions or comments

26:48 – 27:22•Speaker 10

reasonable sense to me I mean just the carport is pretty simple just an open typical carport with nothing but some pillars in the roof yes sir to specify it is a the required setback is three feet he's requesting approximately a foot setback from that property line and there is an existing privacy fence between that property line that property line and the carport.

27:24 – 27:49•Speaker 7

So you have lot line here, privacy fence here, driveway here, and you want to put the carport roof right smack over the driveway. So you're already... constrained by a privacy fence that's probably been there forever?

27:50•Speaker 4

Yes, sir. The privacy fence is the neighbors to the north of the, it's not Mr. Bednar's property, but it's the neighbors to the north property.

27:58•Speaker 7

Okay. Any questions or comments, board members?

28:07•Speaker 5

Correct, correct. All right, all right.

28:14•Speaker 4

I got approved for the certificate of appropriateness.

28:17•Speaker 10

You have to go to the historic board and get it approved, so that will fit the historic character.

28:22•Speaker 6

No issue with a water shed or anything off the rip on the neighborhood?

28:25•Speaker 4

I'm running a gutter on the back end, and I'm going to come down the driveway towards the road, so it's going to be the same water flow as right now. Thank you.

28:33•Speaker 7

Which is the only consideration because you can't dump your water on the neighbor's lot.

28:38•Speaker 4

Correct. Correct.

28:41•Speaker 7

Would anybody in the audience like to speak for or against this application? I don't see none. You can have a seat, sir.

28:52 – 29:35•Speaker 7

We will go through our findings of fact. Disadvariance of developmental standards, three criteria. Number one, it's not injurious to public health safety morals. Mr. Eaglin. No, it's going to be a nice addition. Mr. Emick. No issues. I see no possible way that it's going to adversely affect anything. I think that one's met. Number two, use and value of the area adjacent to the property is not affected in a substantially adverse manner. Mr. Eaglin?

29:35 – 29:46•Speaker 6

No, I think it's approved because his neighbor also has a carport, some additions down there. So it's kind of an improving neighborhood down there. I think it's just helpful.

29:46 – 30:47•Speaker 7

Mr. Amick? And I see no, we've certainly had no testimony from a recognized authority that anything's going to be adversely hurt. So I think that one's met. And number three? Strict application of this ordinance will result in a practical difficulty. What is it? Mr. Eaglin. I don't say it real hard. Nothing tough about this one. Mr. Amick. I agree. The practical difficulty and the reason he has to have the variance of development standards is that it is considered a structure And it's within the three-foot limit. So I think that one's met. Well, having gone through our application and our findings of fact, I'll take a motion.

30:49•Speaker 6

I'll make a motion. We approve BZVD-26-8. And can we have a roll call?

31:05 – 31:40•Speaker 7

We wish you well, sir. The next item on the agenda, agenda BZVD-26-9, 590 East Clifty Drive. It was a request for variance from developmental standards for a primary structure setback. That one has requested to be tabled until our next regular meeting.

31:42•Speaker 10

But we need to table it because we won't have a quorum.

31:50 – 32:03•Speaker 7

That's a good reason. I move we table this application until our next regular meeting. I'll second the motion. And we have a roll call. Sure thing. Scott Baldwin?

32:03 – 32:17•Speaker 10

Yes. Carl England? Yes. And Brian, you're going to abstain? Okay. That's what I thought you said. Two to one abs. And just to clarify, too, that's September 14th, 6 p.m. at City Hall.

32:17 – 32:36•Speaker 7

Next item on the agenda, BZCU-26-8, Kevin Mason from Electrocom.inc. Special exception approval to operate a short-term rental at 508 Jefferson Street. Can I ask if we have somebody come up and address this?

32:40•Speaker 9

My name's Lori Kendall, representing Electro-Com Inc., and the property is at 508 Jefferson Street.

32:49•Speaker 7

And exactly what are you planning on doing there?

32:55 – 33:27•Speaker 9

We would like to operate a short-term vacation rental, like an Airbnb. Our company currently has four, three in French Lick and one here in Madison, which is actually connected to this building. So we're just wanting to allow variants for us to have a short-term vacation rental. Usually weekends, maybe three-day weekends. We rarely have somebody that stays a week, and we only allow two weeks at a time.

33:30•Speaker 7

Board members, do you have any questions or comments? Are there any complaints?

33:37•Speaker 10

Not to my knowledge. No, that was the one I think you approved earlier this year. Maybe January, February, March. No problems. Yes, sir.

33:48 – 34:22•Speaker 9

about the same criteria as far as rules and regulations as you absolutely we do have pretty strict rules no more than the maximum number allowed for guests this is a three bedroom three bedroom home so it would be a six guest maximum We require proof of ID. They have to be an established renter. They've had to have rented from Airbnb or VRBO before with good ratings. They must be 21. They must buy by quiet hours. So we have pretty strict.

34:23•Speaker 6

Is there any off-street parking back in the alley behind?

34:27•Speaker 9

There is. There's garage parking there, and then there's front street parking.

34:34 – 34:59•Speaker 10

four yeah you have provided rules which frankly we know we do not we cannot require them to submit those but I think I think we did with the pre you did with the previous one next door but I didn't with this one yeah they're the same rules they are the same yes

35:04 – 36:50•Speaker 7

Board members, any other questions or comments? Would anyone in the audience like to speak for or against this? Apparently not. They're country people. Well, you can have a seat, ma'am. This is a special exception. And we have several findings of fact we have to go through. Six of them. So the first one, I'll just briefly go through them and you can... For the purposes of the record, if somebody's watching, I will read the category and I'll just ask if any of you have any objections. The first fact is... Will this detrimental or endanger public health, safety, morals, or general welfare? Anybody have any issues there? No. Fact two, the special exception is not injurious to use and enjoyment of other property in the immediate vicinity. No. No problems. Number three, the special exception will not impede or substantially alter the normal and orderly development improvement of surrounding property for uses in this district. Problems? No issues. Number four, there are adequate utilities, access road drainage, etc. Any issues?

36:52 – 37:39•Speaker 7

Number five, they have taken adequate measures to provide ingress and egress to minimize traffic congestion. And number six, it's located in a district where such use is permitted. And they will meet any other requirements in this UDO. Any issues? No. Then we will take a motion. I move we approve the special exception. I'll second the motion. And can we have a roll call?

37:40•Speaker 10

Of course. Scott Baldwin? Yes. Carl England? Yes.

37:45 – 38:22•Speaker 7

Brian Amick? Yes. Well, we wish you well, ladies. And last item on our agenda. BZVU-26-5, Linda Locke. Requesting a variance of use to operate a short-term rental. I understand it says you're 945 West 2nd, but that's also 947 as well?

38:24•Speaker 7

Two addresses?

38:25•Speaker 3

Well, I own 947.

38:30•Speaker 7

So your application is for 947? Yes.

38:34 – 38:49•Speaker 3

And 945 is what it had said. I know, but when I came in several times, it had something to do with a zoning issue. So I kept saying it's 947, and they understand it.

38:50•Speaker 10

And it was advertised when we did the mailings and everything? Right. It was advertised for both of them.

38:56•Speaker 3

Yeah, I put in parentheses 947 when I sent out the certified letters. Mailers.

39:05 – 39:23•Speaker 7

Well, then I think we're on solid ground. So I don't think anybody's going to file huge lawsuits. So you're requesting a variance of use.

39:27 – 40:38•Speaker 10

And I'll explain that, too. You normally get these coming in as our special exception or what we used to call conditional uses. So the difference here is she is actually zoned local business and surrounded by HDR, more or less. And I'm going to actually zoom up here, actually in the application. Here we go. And the staff report. So this is the parcel we're kind of talking about on the screen. I don't know why that TV turned off, but I don't know if you guys, it's in your packet on this page. And then the pink around it is HDR. So HDR, that would be a special exception use. Local business, it's one of those things that's on my list as we go through the six-month assessment here, and we'll start that in the next month or two. to consider that to just make it permitted within that district because you can have a lot more intense commercial uses within local business the reason it wasn't initially put in there was because we typically don't have our single-family dwellings in a local business district in a business district for single-family dwellings or you know duplexes now that's not the case because I don't know the history of why this little corner is zoned local business and not HDR

40:40•Speaker 7

It may have been a grocery store once.

40:41 – 41:09•Speaker 10

It probably was something at one point. And, again, you can kind of see that those are – it's that corner parcel. I'm going to zoom in here. And then the 945, 947. So this parcel and then those. I don't know why these were zoned in compared to – you could have had something commercial. You have those mixed in with the HDR. So that's the need for a variance versus – Just a special exception.

41:09•Speaker 7

Would it be better all around if you just went to plan commission and just have the property rezoned, something rational?

41:17 – 41:46•Speaker 10

So we did talk, we talked through kind of all the options, right? You can go through use variance. You can, you can go through rezoning. Um, this does preserve more commercial options if you ever wanted to do those in the future. Because if you go to HDR, a lot of those commercial options fall off. But right now, you could put a hotel on that. Obviously, it's constrained by the site, but you could put a lot more intense uses on that site.

41:47 – 42:07•Speaker 7

So if we give her a variance of use, we are potentially disrupting a neighborhood where everybody went thinking it was HDR. and they wanted to live there, and now all of a sudden somebody comes in and puts a gambling casino. It would be a small one on that parcel.

42:07 – 42:19•Speaker 10

I think this use is actually probably more appropriate for the surrounding uses than a more intense commercial, local commercial use that would be permitted in that LV district.

42:20 – 42:34•Speaker 7

I can see that may well have been a grocery store because that's West Madison, I think. And that was a whole other entity once upon a time. And there did used to be a lot of neighborhood grocery stores which don't exist anymore.

42:36 – 43:12•Speaker 10

And the comprehensive plan does identify this as the neighborhood mixed-use area. So I know, again, you have some sprinkling. We used to have a district called the Specialty District, the SD District, that got kind of combined and absorbed into HDR. because it was small scale, right? It wasn't the larger scale commercial uses. But when we did do the map adoption, we just solely converted the map. With the new UDO, we did not rezone anybody. This would have been one you could have considered, but again, allowing those commercial corner stores is, I think, a valid thing, too, in the future.

43:15 – 43:44•Speaker 7

Just... I see the point of people who buy properties under the assumption that this is just going to be a peaceful neighborhood and either I'm going to live in it or I'm going to put an Airbnb here. And my Airbnb is going to be viable because it's such a charming little neighborhood and then somebody comes in and puts a cowboy bar. And there is such a thing over on that side of town in the middle of a residential area. There's a bar.

43:48 – 44:15•Speaker 10

but those are permitted by right I mean so those commercial uses are permitted by right some of those you know I mean by right today so that's I think outside that debate I guess does that make sense make sure we're not trying to do we're not discussing actually putting anything else like that in there this brings it down a little bit in terms of the intensity of what it could be by right

44:18•Speaker 7

Board members, I've spoken my piece. Do any of you have any comments, any opinions, any feelings, any questions for applicant?

44:28 – 46:00•Speaker 3

yes you have rules and regulations yes I have rules no pets limited number of people will mostly be used on the weekends I have I live my residence is across the street so I know pretty much what's going on and I have a garage to park my vehicles in so there's plenty of parking in that area even when there are events going on here in town and the neighbors have been notified and they are in agreement and heard back from the neighbors so I have a manager who has done this with quite a few people here in town and so she's going to basically take care of running it should be 24-hour call should be on the call right her phone never be on the wall there somewhere yeah she I have my own book with her number in it and I have extra lock in case something goes wrong with the automatic lock and I think actually the neighborhood's kind of improved because I knew that was going to go in because I have to take care of the alleys and some of the other properties that are not being taken care of, I have to clean it up. So that looks presentable. So I think it's been, the idea's been beneficial.

46:02•Speaker 6

You are in an improving neighborhood. Definitely. Things are getting better. So I think it's been a nice fit.

46:12•Speaker 7

Any other questions or comments, board members?

46:17 – 46:52•Speaker 10

Scott, you did have one public comment that was submitted. He did put in there he's requesting it to be read, so that's up to you. But at least making sure that gets into the record with you guys. David Wise. And reading it, you're 947, correct? One of the statements, it does say The 947 Airbnb was done properly. We have no complaints. That's the 947. I think his complaints do center around 945. So excluding that, that's...

46:52 – 47:05•Speaker 3

Right, because they do not mow their yard. I take care of their sidewalk and their alley, but I can't go on their property to take care of their lawn. Right. So...

47:06 – 49:48•Speaker 7

you know he lives directly in back of me and I don't think we have any problems and I would make sure any motion specifies 947 and then that's all and you are correct his letter is mostly about 945 in fact he compliments 947 as being an Airbnb that was done right Can we wait one moment, ma'am? I move we accept this letter from David Wise into the public record. I second the motion. All in favor say aye. Aye. Opposed, no. It's accepted. One last chance, board members, any other questions or comments? I doubt there will be any public comment. Well, you can have a seat, ma'am. And this is a variance of use being done because this is one of those weird things that comes up downtown from a very old downtown that started to have zoning ordinance in 1966. And every so often, these things come up. So this is for a variance of use. There are five findings of fact. I will go through them. I'm going to ask you each to comment because as one very astute man I knew once put it, a variance of use is an end run around the zoning ordinance. Maybe not in this case because of the circumstances. So, number one, it's not injurious to the public health, safety, morals, general welfare, Mr. Eaglin. No, it's not. Mr. Amick. I don't see any way that is either. I think that's met. Number two, that's the use and value of adjacent properties not being hurt. Mr. Eaglin, we haven't heard. Mr. Hammock. And we've heard no testimony that it potentially will harm property values or anything, so I think that one's met. Number three, This is a big one. The need for the variance arises from some condition peculiar to this property. What is it, Mr. Eaglin? The local business.

49:49•Speaker 6

But, yeah, I think it's necessary to allow the variance to progress.

49:59•Speaker 5

Yeah, I agree.

50:00•Speaker 1

It's a good thing that this is only going to happen in the next couple of years.

50:08 – 51:35•Speaker 7

And that is definitely a peculiarity that it's all zoned HDR. But here's one place that for who knows why was zoned local business once. And local business does not allow housing like this, so I think that's pretty valid. Number four. Strict application of the zoning ordinance will constitute an unnecessary hardship if it's applied to this property. Mr. Eaglin. I don't say hardship. Mr. Amick. The unnecessary hardship is that for some bizarre reason it's not zoned properly to let it be used for what everything around it is used for. So I think that one's met. Number five, the approval does not interfere substantially with the comprehensive plan. Mr. Eaglin, no, it does not interfere. Mr. Ramek. And the comprehensive plan is partly that document and partly the list of uses and partly where it is. So I think that one's met. Okay, we have a motion.

51:37 – 51:48•Speaker 6

I make a motion to accept. BZU-26-5. Second. Do we have a roll call?

51:50•Speaker 10

Of course. Scott Baldwin? Yes. Carly Moore? Yes. Brian Ame?

51:54•Speaker 7

Yes. Well, that concludes our... List of items. Ms. Williams, is there anything I have forgotten?

52:05 – 52:48•Speaker 10

No, there is not. I was just going to note that originally, I think it was because of holidays in September and multiple meetings getting bumped. Originally, we were advertised on Thursday or Tuesday in September. It was re-advertised. September 14th because nobody was in this room so we kept our same second Monday schedule so that is noted it has been re-advertised with paper and you know through those channels but just want to note that in case you had an original schedule very good well that concludes everything motion to adjourn so moved all in favor say aye aye opposed no we are adjourned

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