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

Well, it's 6 o'clock. Time to begin. Welcome to Madison's Board of Zoning Appeals meeting October 14, 2025. Could we have the roll, please? Scott Baldwin here. Mark Acasta here. Nancy Burkhart here. Carl Eagland here. Missing is Rick Ferris. Uh board members, have you had a chance to look over last month's meeting minutes? Are there any additions or corrections? Motion to approve. Second. All in favor say I.

I. Post. No. The minutes are approved. Uh, moving on to renewals. Uh, on the list, number one, uh, Mackenzie Jackson. Number two, Wanda Copelan. Number five, uh, Joseph Gim. Number seven, Rebecca Brown. Also, she is number eight, number nine, and number 10, Malberry LLC have all paid their renewal fees. Question on the number 30. Yes. Well, I haven't got there yet. I'm sorry. I'll get there.

Anyway, the ones I've read have all paid their fees and no complaints. Therefore, I move we renew their conditional use permits. Second. All in favor say I. I oppose. No. They're renewed. Now, number three, Microdome Wireless Networks, 202 Jefferson Street. I understand that there is I'll ask Nicole to explain that one. Mrs. Shell, I mean,

yeah. So, um, just trying to do I tried to do a little research on the ones that hadn't paid as of this afternoon, and the ownership at 202 Jefferson shows up as an Elsa Investments LLC in 2020. Um, the original application by Microdome Wireless was applied for in 2019. However, they did pay the for the renewal in 2022. I am not aware that the condos or apartments have been built. I couldn't find a building permit for them. So, I don't think that use is being used at that location. And of course, they have a one-year period to begin the use or else they have to reapply. Uh

aren't they in business at the Cliff Shopping Center? Cliff, the microdome center is. Yes. Uh this that application was for to use the upper floors as apartments or condos at the 202. And I believe that Elsa Investments is his LLC. Okay. But I have not confirmed that.

So I move we table this till our next regular meeting and instruct the appropriate staff member to determine whether or not they're eligible for renewal. Uh and assuming also they pay their renewal fee if they are by our next regular meeting. That's my motion. I'll second. All in favor say I. I. I oppose. No. Uh number four. Uh Michael and Pauline Jameson 1111 Clifty Drive. I'll ask Mrs. Shell to explain that one.

Yes. So, I had a different um mailing address, legal mailing address for um that ownership. Um looking at GIS, they have a different uh mailing address on their taxes. So, uh I would request to allow staff to be able to resend their letter and let them pay with the late fee by the next meeting date. And therefore, I move that we uh table this one till our next regular meeting and give the appropriate staff member time to determine the situation and also assuming they pay the renewal fee. Second. All in favor say I.

I oppose. No. And now number six, uh Chad Amy Nichols. This was a conditional use permit for a BNB 7080s main. They have not paid. Therefore, I instruct I move that we instruct the attorney to send them the appropriate letter that he usually sends and that if they pay their renewal fee by our next regular meeting, they will be renewed. It's my motion. Second. All in favor say I. I

oppose. No. And that takes care of the renewals. Now, moving on to new applications. Number one on the agenda, BZCU-25-20. Rachel Headley on behalf of H4 Rentals LLC want to use the owner use a duplex as a part-time short-term rental. 8:15 West Second. So, would someone in the audience come up? Yes. come to the podium, give your name and address for the record, please, and tell the board what you want to do.

Uh Rachel Headley, and then we own 815 and 817 West Second Street. Um we've been primarily using one side of the duplex for weekend uses for ourselves, just to vacation and get away from reality, and the other side we would like to use for short-term rentals. So, you're using 8:17 for yourself and you want to um Well, 8:15 mainly, but we'd like to be able to use both of them if we could as short-term rentals when we're not at 8:15. Pretty straightforward. Board members, do you have any questions, comments?

Um, get out your application here. As always, speaking for myself as a board member, to me, the only things that really are important are house rules, quiet hours, and parking. So, in regards to house rules, there should be a copy attached there. I did specifically state that city ordinance says quiet hours are from such and such to such and such. Yep. p.m. to 8 a.m.

Hopefully that's still accurate. Um, we've also made it a smoke-free property just to be on the safe side. It's it's obviously a historical structure and completely flammable, made of wood. Um, and then in regards to parking, we did create four parking spaces in the back of the property. Um, so there is four uh spots back there. It's uh one gravel area. So, in theory, there should only be two sets of maybe two sets of adults driving at the most per unit. So, that should not inconvenience the neighbors. Plus, there is street parking. Um there's a building that's not really used by us. And then on the other side of that is the power substation.

So, in front of that, nobody lives there. So, parking shouldn't be an issue as there. You have the majority of your parking off the street. I have four spaces in the back. Okay. Yes. Do you have a maximum number that you would have there?

So, um on your uh application or papers, um there are two bedrooms per unit. Okay? They're identical units. And there is um one unit or I'm sorry, one bedroom is set up for two adults. And then the other one we have set up for either adults or kids. So I have a bunk bed in there without with also a pull out. Um so that could sleep up to four in that room but four children obviously not four adults. So maximum occupancy would be a total of six. Four adults and two kids or two adults and up to four children. So maximum of six for both rentals for each unit. Yes ma'am.

Oh for for each unit. So maximum. So you're saying 12 for 12 structure or six per side? Yes, ma'am. And staff has recommended max occupants two per bedroom, four bedrooms, which is eight people max, and max four cars,

which I did talk to Nicole earlier today and I I said, you know, just clarifying that we have that set up more for a kids room. Um, you know, we like to bring our son's friends with us to do hiking and things like that. If we say there's only four occupancy, but we're a family of four, they couldn't bring any of their friends. So, once again, I mean, I can't see adults climbing into a bunk bed, but I mean, I guess it could happen, but we we were hoping that that could be up to four adults total or four children, two adults. So, so you're asking for max 12 people for the whole structure or six per side? Yes, sir.

Board members, do you have any issue with that? Would you like to discuss that? No, that's more than likely you just are going to have only four cars there at the max because the children are not going to be driving. Correct. As far as no noise complaints or anything in the neighborhood, I can't see any problem with it. The kids are kids, but there's going to be adults there. And that's the maximum that won't be every time anyway. Correct. Yeah. It's mainly weekends. So, yeah. Yeah. All kids are outside. We hope on weekends. Yeah. I mean,

my boys are sitting outside right now enjoying the back patio. So, yes. So, it stands 12 people maximum and maximum four cars. And you said they could park off street. Yeah, there's there's four spots in the back, correct? Which is excellent in my view. Parking is a really scarce commodity downtown. This is a nice also addition to the neighborhood getting this property fixed up and usable. It's sat there empty and vacant and I'm just happy that it's being used for something. Absolutely. It looks very Thank you.

I hope the building next to it receives the same treatment for the city. He he's been keeping in touch with us and we've we've gave him some building supplies and stuff like that. And he's he seems to be putting in an effort. We really appreciate that. And we do have sorry we have some neighbors here that came to support us tonight. So we're we're hoping that means we're a good addition. So, good job. So, if there are any problems, who would the people call? Are you in town or is there No, ma'am, but my number's on there. We also have a caretaker, a cleaner, um, and we we have exchanged phone numbers with all the neighbors in the neighborhood. We also have, you know, plumber, electrician, all those people on speed dial. So,

I would think if there was an issue, they could get a hold of any numer number of us. Any other questions, comments, board members? Nope. None for me. Would you folk in the audience like to speak for or against this? Absolutely. Well, come on up. I'm sorry. Give your name and address for the Malloy 816 West Second Street. My husband Kevin and I are occupants full-time. Um, we've watched that property be developed by Rachel and her family and are very pleased with what they've done and how they've proceeded and fully support of her efforts. Well, good. One of the biggest concerns is how the neighbors feel about

I'm sorry, my husband and I are both deaf. Can you repeat? I was saying one of the our biggest concerns is the reaction of the neighbors to two rental properties. Um I believe the neighbors on either side of us um Mary Jeanie and D are they would have been here but they were had other um arrangements. Um they have been very supportive also in conversations um I don't want to speak for them but in conversations that we've all had they've been also been very supportive. Well they're not here complaining so that's good. No no complaints. No thank you. Thank you. Thank you. Any other questions or comments, board members?

I move we approve this conditional use permit. Are you going to do findings? Oh, yeah. I guess we should do that. Or you can adopt staff's finding effects. That's up to you. Um board members, I think given the situation this evening, I am just going to ask you. We have nine criteria, I'll just go down the list. Uh number one, category 581. Any objections, board members? No. Number two, any objections? No. No. Number three, any objections? No. No. Uh, number four, disturbing. Any objections? No.

No. And then number five is utilities. Any problems? Nope. No. Number six, detrimental. Any problems? Nope. No. Uh, number seven, that's the one about excess traffic, noise, etc. No. No. No. And with enforcement of their house rules, I see no problem there. Uh, number eight, that's about vehicular approaches. Any problems? Nope. No. And number nine, losing historic features. Nope. Nope. On contrary, they're preserving one.

Uh, I move we approve this conditional use permit. You can have a seat, ma'am. I move we approve this conditional use permit for a period of one year subject to the following conditions. Enforcement of the House rules as submitted. Maximum occupants 12. Maximum vehicles four cars parked off street. And number four, maintenance of a local caretaker to handle any complaints and problems. It's my motion. I'll second your motion. Uh, could we have a roll call? Scott Baldwin, yes. Carl Eagland, yes. Mark Costa. Yes. Nancy Workhart.

Yes. Well, we wish you well, ma'am. Yeah. You guys are welcome to come by anytime and see it. We're kind of proud of it. So, you did a well of a job. Yeah, you should be proud of it. Excellent job.

Well, the next item on the agenda, I do not see anybody here. It's BZCU-25-21 Karen Fens uh seeking conditional use permit permit to allow for an inhome beauty salon 2247 Senica Drive. And I do not see anybody here. So I move we table this application till our next regular meeting. Second. All in favor say I. I.

Oppos? No. And it is tabled. And there is a little bit left. old business. We had three items. Uh number one was Garrett Lehi 312 East 3rd. Two was Anderson's Land Investments 2920 Clifty Drive. For various reasons, they want their conditional uses to expire. And number three, uh BZCU-25-95, Michael Hullch, short-term Airbnb, 604 Jefferson Street. I'm going to ask Mrs. Shell to clarify this situation.

Yes. So, uh, the board had asked that the city attorney, uh, send letters. The first letter they sent, uh, was returned undeliverable. They did a little bit of research and found a different mailing address. Uh, so they've uh, sent that. That second letter just went out uh, two weeks ago. We have not heard anything back. I've not heard from them whether they've got a return certified receipt card yet or not. Um but assuming that they have and he hasn't said anything. They've been out of town quite a bit I think uh recently. Okay. So if I see him out so it may may still be in their mailbox.

Yeah. I move we table this conditional use permit renewal till our next regular meeting and if they pay their fee by our next regular meeting it will be renewed my motion second. All in favor say I. I oppose. No. Is there anything I have omitted?

No. I will just note that we're uh working through the updates for the uh UDO unified development ordinance for the zoning ordinance and subdivision regulations. Staff's doing a couple different final reviews. Um and we hope to get that out publicly in the next month or two. Very good. Well, having no that include the new zoning on the river. That was adopted by city council at their last meeting. So, that is already active. [Music]

So, will we get um a piece of paper to say what the setbacks are for that new zoning to put in our the riverfront? Yeah, I'll I will print a copy for your next meeting. I'll also email one to you all so that you have it. Okay. Any other comments, board members? No. I move we adjourn. All in favor say I. I. I oppose. No. We are adjourned. Easy. Easy breezy. Where you going, Mark? On vacation. H. Where you going? Uh we're starting in Budapest for three days and we're doing a