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

about six o'clock. Time to begin Madison's Board of Zoning Appeals meeting. Uh December the 8th, I believe. Don't want to make time fly faster than it does. December the 8th. And since we are short-handed tonight for various reasons, I will just call the role. Uh Rick Ferris, Nancy Burkhard here, Mark Aosta, Carl Eaggan here,

and me, Scott Baldwin, I am here. So there are three of us. We have a quorum. Uh board members, have you had a chance to read last month's minutes? I make a motion we approve the minutes as printed. No corrections by anybody. Uh, do we have a second? I'll second. All in favor say I. I. I. Opposed? No. The minutes are P are approved.

Uh, renewals, we only had one. That was BZCU-23-97 left over from last month. And I have been informed they have paid their renewal fee. And therefore, per previous motion, their conditional use permit is renewed. We had a couple items that were tabled from last month. The first one is BZCU-25-23. That was Mr. Chuck Moore representing Bowlolan Communications for a small cell utility poll. Is Mr. Bolan or a representative here? Well, board members, with your approval, we'll just postpone that one to the end and see if he shows up. Uh the second one which was tabled twice actually this is the third time is BZCU-25-21 Karen Felons uh requesting a conditional use permit to allow for addition of inhome beauty salon 2247 Senica Drive. So Miss Felain or representative well would you our deputy mayor.

Sure. Thank you. Um my name is Karen Felins. Um I live at 2247 Senica Drive on the Hilltop in Madison here. Um, I am in retirement thinking about having or I would requesting uh to just have a very small oneperson uh facility in my home. I would basically just have um a very small um setup, word of mouth, no signs. I'm just thinking about doing it in retirement. So, um, and not necessarily immediately. I just wanted to see if it was a possibility. So,

So, your uh application, let me I'm old school. I have piles of papers. your application from last month. U you want a essentially a home business beauty salon. Yes. So

one person I don't have any intention or desire to have I've owned a hair salon in the past and it's just something that I'd like to be able to do legally. um you know uh it may end up just being family members. I don't plan on turning it into any sort of largecale establishment. Nothing of that nature. So So you're going to be the butician? Yes. And you're licensed? Yes, I am. And will these be appointment only? Oh, yes. And one state one station.

Yes. So, I'm not trying to turn this into any kind of a production type situation. Just one person. So, you'll have one room, just you, one chair. Yes, sir. Appointment list, one car at a time. Yes. Bring in your customer parked in. You have a driveway or something big enough they can park off the street.

I do have a driveway. I may uh I do have two vehicles currently. So I was actually reading from uh Mr. Riley who I just wave at him. I didn't know actually his last name until now. He and his wife are fairly private. I've known them for years, but actually I didn't know them until I read the statement that he was a little bit concerned about the parking. And if that is a concern, um, I most definitely I've got a disabled brother, so my home has an addition, so I don't have a way to conceal a vehicle. Um, but if it is a concern, I could find parking location for one of my vehicles to minimize the impact on the street. Um so

always in this board a big concern of almost everything is yes how it impacts the neighbors and that is of course first and foremost it's parking yeah understand and then secondarily noise but I don't think you'll have any noise no no no noise but I can understand the parking concerns so will there be no signs in your yard no I'm not trying to turn my home into a you know commercial looking facility with the board's permission. I do have that email for Mr. Riley if I could present it to you guys. Yes. Okay. Thank you. So what kind of services are you going to offer?

Um I was a colorist in Washington DC for a number of years. Um I'm a good colorist and that's what I'd like to focus on. Uh we take a time out for a little legal housekeeping. Board members, we've received a copy of a email sent in from David Riley. Uh across the street neighbor, I move we accept this into the record. Second. All in favor say I. I. I. Post. No. This email is accepted into our record and minutes.

Okay. Board members, do you have any other questions? Yeah. Are there any um issues you have with chemicals? How do you dispose of those? Can you just throw them down the drain? Do you have to do something special with them? Nothing hazardous. No. And they do just normally go down a drain. Yes. Would that be true of any beauty shop that does typical beauty shop stuff? I am unaware of anything that um could impact the environment. I've never heard of anything. You're probably using such a small amount that it probably doesn't affect. Well, I have worked in large scale salons,

right? But if you're just doing one person each time, probably the amount she uses, it probably wouldn't. That's something you could talk to the water department about. And what would your hours of business be? Oh, I would like to retire early at 62, which I'm 60 now. And um I'm just thinking about maybe one or two people a day at most. It's just a very small pastime. Between what hours of the morning, afternoon? Oh, 9:00 a.m. to 5. Yeah, I don't really even plan on doing late.

I know your neighbor here is requesting um that they would just like to have a a permit for one year just to make sure that there's no issues in the future. Course we could set that as a renewal. I guess it's always a renewal there, Mr. England, anyway. So, as long as there's no complaints. Okay. See like a good neighbor. So, you're proposing 9:00 a.m. to 5:00 pm, one client at a time. Yes, most definitely. Maybe off streetet parking.

Maybe one or two clients per day. I really am not trying to, you know, work back to back like I used to.

Well, that's the job of this board to make sure all the neighbors and everybody who's potentially I didn't even know if this would be a possibility. I thought I would come and ask. So, it's whatever you feel comfortable with. Well, we appreciate your Let's make sure I have this clear in my head. 9:00 am to 5:00 pm, one client at a time. Uh, I hate to say one employee, owner operated. That's better. And typically for this board, typically when people come with something that maybe could disturb neighbors, we grant a one-year conditional use permit.

Yes, sir. And that gives neighbors who may have been disturbed, not by you, but you know, all over. That gives people a chance to be heard. I understand. And problems to be corrected peacefully. Okay. And without million-dollar lawsuits. Uh so 9:00 a.m. to 5:00 p.m. off streetet parking one client at a time. Who appoint or by appointment should say. Mr. Baldwin, she also mentioned no signage,

right? No signs. Thank you. So, I just say that for my get that clear in my own head. Uh, board members, any other questions. Would anyone in the audience like to speak for or against this application? Okay. Well, thank you, ma'am. You can have a seat. All right. One last chance, board members. All my questions have been answered. Mhm.

What we do, for those of you who have never been in a meeting like this, what we're doing, we didn't just dream up. It's prescribed by state law. And since this is a conditional use permit, the state of Indiana currently has nine criteria that the board members have to be satisfied or met. So we'll we'll briefly go through them. Uh number one uh let's see this would be under category see category 623. Category 623 is a home business. Uh do you all are you all in agreement that that's the appropriate category?

Yes. Yeah. And number two, uh this one is about being harmonious with the general objectives of or of the city's comprehensive plan andor zoning ordinance. Do you all think this is in accord with that? Yes. Yes. Uh number three will be designed, constructed, maintained be harmonious and appropriate in appearance with the existing character of the general area and it won't change it. I agree change.

Uh number four, this is well they're all important but this one certainly is. Do you agree this will not be hazardous or disturbing to existing or future neighbors neighboring uses? Yep. Board members in agreement and I believe that that one is met with suitable uh conditions. Number five, this is the one about being served by utilities, fire, police, all services like that. Yes. You all in agreement?

Yes. And I agree too. It is a housing subdivision and therefore has all those things. Uh number six, this will not be detrimental to the economic welfare of the community or create excessive requirements for public facilities. Are you in agreement with this? Yes. Number seven, this will not involve uses, activities, processes, equipments detrimental to persons, property, general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odors. Are you in agreement with this? Yes, agree.

Yes. And I agree that the quantity and type of in this case chemicals used will pose no harm to the neighbors. Uh number eight, this is about vehicular approaches to the property so it doesn't interference has no interference with traffic. Any problems there? I agree. I agree. No, this is one appointment at a time. And number nine, destruction laws for damage to historical scenic features should be okay. I agree. And I don't even think that's an issue.

Well, we have an application for a conditional use for a home beauty parlor. I move we approve this conditional use for a period of one year subject to the following conditions. There will be no more than one client at a time by appointment only. Off- streetet parking will be provided. It will be owner operated with no other employees, no signs and u that's it. Second.

Can we have a roll call vote, please? Mr. England? Yes. Mr. Baldwin? Yes. Yes. Well, ma'am, you have your for the next year. Uh, you didn't sound like you were totally sure you were going to do this. It doesn't matter. I just want if you do or don't, that's your business. But I just want you to be aware Madison's zoning ordinance gives you a year essentially to start your business up.

So if you're going to do it, well that's within your one year conditional use. And if you decide you don't want anything to do, just forget about it. The use will be there but will expire after a year. Thank you.

You're welcome. That takes care of and I do not think we have Mr. Moore. Well, moving on to new applications. The first two on the agenda, James Grant, 887 887 Vine Street and Dustin Smith, 3220 North Shunpike Road, for various reasons have been withdrawn. So, the next item on the agenda is, let me get here. BZ VD. Okay, let's get it right here. BZVD-25-14. Uh, Ryan Rogers is the applicant. Uh, and this is at 8:15 East First Street and it's a variance of developmental standards. So, sir, if you could come up, give your name and address for the record and explain the situation

and why you're seeking a variance. What are the what are the practical problems you've run into?

Okay. My name is Ryan Rogers, 804 East First Street. Um, this particular application, the issue that we have with it is the existing garage wall sets too close to the alley. The rest of the setbacks for the proposed garage in addition will be uh within 3 ft of the property line on the rear and on the east side. So, it's really the existing wall that's creating the problem. Let's see. Or I'm sorry the west wall.

So you're want to expand along a wall and build a detached garage. The garage is within the three-foot setback. So there's no problem. That's what our notes say. Yes. So the only problem is trying to match an existing wall which is non-conforming.

Well, the new addition won't go over as far as that wall. So the addition actually sets within the setbacks. Now the uh porch addition that goes off to the side. It will be about e or it'll be even with the garage. So it'll be three foot setback on that. and board. The staff did approve a recommendation to approve this application. Not much room to work up there in that neighborhood, is there? No, but uh I can't believe we got a driveway and a garage in on that lot. Yeah.

Right. You have that big beautiful white house with a It was rather remarkable. But of course, like everything in downtown, it was built, 1840, 1850. Nobody thought about these things a little bit before zoning laws, right? Yeah. There were a good deal of things that were not very well regulated. Board members, do you have any questions? Uh I I assume everything was sent to the neighbors. Do we get any complaints or anything from any comments from the neighbors or

Not that I've heard. No comments to the uh staff. I will say if you drove down there and looked at this, that alley is in pretty bad shape and you do see it when you're getting ready to go over the bridge. Yeah. So, having a new structure there and just cleaning up that alley is going to be quite a bit of an improvement. I did walk down there today and I kind of Your yard seems to be very long. Well, it's not my yard, but uh yeah, it's very long. this house that goes to the alley. But well, one last chance board members, any questions, comments?

No, we just I mean for downtown this just seems kind of normal really if you look at everything around things we've done on Jefferson Street and different places, but garages and those kind of things. It's nothing unusual about this. It's a somebody that grew up in town, moving back to town as well and um making a significant investment in the community, which I'm pretty excited about. I actually live on the other side of the block down at the other end of the street.

Well, thank you. Would anybody in the audience like to speak for or against this proposed variance? All members, one last chance. you like to say anything, ask anything, then we shall move on to our findings of fact. And once again folks, the state of Indiana provides these. So everybody has to follow them. So since this is a variance, I would ask you board members to give your reasons. Uh first criterion, the approval is not injurious to the public health, safety, morals, general welfare. Uh, Mrs. Burkart,

no. Actually, he's bringing a non-conforming structure back into make it legal. So, no, Mr. Eagland,

I think the improvements along the alleyway that he talked about earlier is going to actually improve the the health and safety of that neighborhood. And I see that in my view upgrading and improving housing and things like that downtown certainly does not harm anybody. And second, we have had nobody testify that it did. So I think that's meant. Number two, uh use and value of the area adjacent to the property will not be affected in a substantially adverse manner. Mrs. Birkart. No, actually he's improving the property. Uh Mr. Eagland,

like everything in downtown Madison, I think it is just going to uh cause all the property values close to it to go up. That's a plus. Keeping things from decaying and upgrading them do not harm other people. I think that one's met. Number three, strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property. Mrs. Burkart, what are the difficulties? Well, right now it's non-conforming. So, actually, he's bringing it into what it's supposed to be. Mr. Eagland,

what you spoke about earlier about when these structures were built, there was no zoning. So, I think this works very well with what we're doing down. and the practical difficulty as always happens downtown just don't meet the criteria we have today. So many upgrades simply couldn't be done. Well, having gone through our findings of fact, we'll take a motion. I move we approve the variance as requested. I'll second the motion. And can we have a roll call, please? Mr. Yes. Mr. Baldwin. Yes. Yes,

sir. You have your variance. And moving on to the last item on our agenda. This would be BZVD-25-13. Once again, Mr. Rogers on behalf of Julie Teeman. Uh variance from a variance from developmental standards to add an addition onto the primary structure. And if you could spell out once again what this involves, what the issues are that you need a variance.

Ryan Rogers, 804 East 1st Street. Um, again, this is um a new member of town. She's moved in. She's wanted to add onto the property. The existing house sets right on the property line. Uh, the addition is actually going to be 10 ft or 9 ft from the property line. So, it's more to bring the house back into being conforming. Now, the porch that we're adding to the back, that will add about 10 feet additional uh along that side of the house, but it'll be on the same plane as the house. said this here is your porch and it lines up with Yeah, I went over there today and yes, that house is crammed in. Yeah, this is Miss Demon.

Hi, Miss Demon. Welcome. Thank you. We see these are your plans that you're submitting. Actually, I don't This won't even be visible from the street, will it? It will be the little bumpout that we're doing. Um, but I I think it's going to make it better. It sits back very far. Yeah, it's it's far enough back. Yeah. There's three additions on the house we're going to attach to the third edition. Okay. That's very Madison. Additions on additions growing. So, so your addition will be this part here. Yeah. That little bump.

And your porch will be this little part here. That's right. Yes. Looks very nice. Board members, any questions or comments? I like this. Nice improvement. Well, you can have a seat, folks. I don't think anybody in the audience is going to speak against this. Am I correct? They're all related. I think I think you brought your moral support with you. I think so. Everybody's home for Christmas. One last chance. Board members, any questions? Nope.

Then we will move on to our findings of fact be variance from developmental standards. And this is a u zero essentially a zero foot setback on the west lot line match the house. Uh, first one. Will approval be injurious to the public health, safety, morals, general welfare? Mrs. Burkhart? No. They're actually improve the property. Mr. Eagland, I agree with that.

And I see absolutely no damage to the general welfare by this project. Like I said, I think it'll be very hardly even visible or very slightly visible. Number two, uh, adjacent properties harms their value substantially. Mrs. Burkart, no, I see no effect there, Mr. Eagland. I think we'll increase the value of the properties around it.

And I am in agreement. This is not going to harm anybody's property value. It's just going to be the continued upgrade. And number three, strict application, practical difficulties. What are they, Mrs. Burkart? Um, as we've had before, it's a non-conforming already and they're just adding to bringing it up to standard. Mr. Eagland, I just I think it's just brings up to standard addition

and the practical difficulty is as pointed out, it's built right on the lot line. So, you can't put a porch or anything without that difficulty. Uh, having gone through our variance or our three criterion, we have a motion. I make a motion to approve BZVD-25-13. Second. Can we have a roll call, please? Yes. Yes. Yes. Well, we wish you well, ma'am.

Thank you. Welcome back. I'll be walking by your place a lot. Always harass the demons, but I watch.

Well, at the beginning of the meeting, we were supposed to have heard from Mr. Moore on behalf of Bowlan Communications. Obviously, we are not going to hear from them. Uh, we tabled this from last month. Our rules specify pretty well table it three times you got to reapply. So I move that we table his application till our next regular meeting and I wish the mo the uh minutes to note that the antenna tower has been erected. That's my motion. Second.

All in favor say I. I oppose. No. Motion passes. Is there anything I've forgotten? Sir. Motion to adjurnn. So move. Yes, sir. One moment. I withdraw my motion. Okay. Come on up, sir. My name is Delbert Reese. I live at 2747. I was supposed to meet here tonight to reszone that shed I'm building out back. Do you remember that? You looked at it. Oh, that would have been plan commission, which for some reason was cancelled. Oh. Reszoning applications are handled through plan commission. You make your case to them and then they recommend to city council, you know, reszoning and that kind of stuff.

Was that on our agenda? I don't think so. That was not on agenda. I didn't see it. But anyway, this is Board of Zoning Appeals and we we don't reszone stuff. Okay. Okay. So, if you could see Mr. Steinhard after the meeting iron it out. Uh well I remake my motion to second. All in favor say I. I. Hi.