The Docket · Government Meeting · DKT-2026-000352

On the agenda: Madison meeting — Colocation (Feb 9)

Past ⚠ Agenda Watch Madison, Indiana · Monday, February 9, 2026 — 9 months ago

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The published agenda for the February 9, 2026 meeting contains: "Colocation". The meeting has passed. The agenda stays here as a permanent public record.

WhenMonday, February 9, 2026
Check the agenda document for the meeting time.

WhereMadison, Indiana

On the record“Colocation”

The agenda, word for word

Government public record — the full text of the published document, archived August 3, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

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Page 1 of 103

Board of Zoning Appeals Legal Notice
MEETING DATE: February 9, 2026, at 6:00 PM
MEETING PLACE: Madison City Hall-Council Chambers
STREAMING LINK: www.youtube.com/@CityofMadisonIndianaGovernment
A. Roll Call
B. Approval of Minutes
C. Conditional Use Permit Renewals
1.
2.
3.
4.

BZCU-23-4: Glennia Moore– Conditional Use Permit Renwal for mobile home
Location: 3607 State Rd 62
Zoned R-4
1 year
BZCU-23-93: Amy Black and Chad Nichols– Conditional Use Permit Renwal for a bed and breakfast
Location: 708 E Main St
Zoned HDR
1 year
BZCU-23-95: Michael Holcak – Conditional Use Permit Renwal for short-term rental/tourist home
Location: 604 Jefferson St
Zoned HDR
1 year
BZCU-23-102: Gray Marcus Chad & Ashley– Conditional Use Permit Renwal for a catering hall
Location: 928 Park Ave
Zoned GB
2 years

D. Tabled Applications
1.

BZVD-25-16: Delbert Reece – Variance from Development Standards for setbacks to build a new
shed on the existing pad.
Location: 2747 LANIER DR (39-08-21-222-010.000-007)
Zoned R-8

New Applications
Conditional Use
1.

BZCU-25-27: Christy Hay/Mark and Christy Hay – Conditional Use Approval for “111 Home
Occupation” in order to operate a one chair nail salon.
Location: 2205 Taylor St (39-08-22-334-058.000-007)
Zoned R-8
BZCU-25-28: Cherilyn Miller/RBCT Properties LLC– Conditional Use Approval for “ 121 Rooming &
Boarding House”
Location: 822 Green ST (39-08-27-223-047.000-007)
Zoned R-8
BZCU-25-29: Fred Low/Bruce and Cheryl Tandy – Conditional Use Approval for “476 Relay Towers &
Transmitting Stations (TV, Radio, & Telephone)” to construct a new telecommunications tower
Location: 316 N Goins Road (39-08-31-000-023.000-006)
Zoned RA
BZCU-26-01: Angela Koehler/Marc and Angela Koehler – Conditional Use Approval for “749 Other
Recreation (including Camping & Picnic Areas)” to construct and operate a campground on a parcel
that will include an owner-occupied primary dwelling, two for short-term rental structures, two lowimpact glamping tents, six primitive tent sites, and a small structure will provide two bathrooms and
showers for tent campers
Location: 2175 North K Rd (39-09-30-000-008.000-006); 2000 + N K Rd (39-09-30-000-009.000006); and 1000 + N Rykers Ridge Rd (39-09-30-000-011.000-006)
Zoned RA

City of Madison acknowledges its responsibility to comply with the Americans with Disabilities Act of 1990. In order to assist
individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, etc.) for
participation in or access to City sponsored public programs, services and/or meetings, the City requests that individuals make
requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To make
arrangements, contact ADA Coordinator at 812-265-8300.

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BZCU-26-02: Kevin Mason & Electricom, Inc/Georgia Hall – Conditional Use Approval for “581
Tourist Home” to operate a short term rental
Location: 506 Jefferson St (39-13-02-122-038.000-007)
Zoned HDR
Variance from Development Standards
6.

BZVD-25-18: Charles Webb/Tanner and Anny Little – Variance from Development Standards for a
zero foot setback on both side yards for an accessory building
Location: 520 West St (39-13-02-211-024.000-007)
Zoned CBD
7. BZVD-26-1: Robert Stilwell– Variance from Development Standards for a 4 ft x 12 ft sign in a
residential district
Location: 720 S Deer Bed Dr (39-13-06-300-041.000-002)
Zoned R-4
Variance of Use
8.

BZVU-26-01: Jason Anderson/GJTJJ Realty, LLC– Variance of Use for “110 Dwelling Unit” to build a 2family dwelling
Location: 435 Green Rd (39-08-27-113-072.000-007)
Zoned GB

New Business

1. Updated BZA Rules and Procedures
G. Adjournment
H. Next meeting: March 9, 2026
For the purpose of hearing those for or against said applications, a public hearing will be held on
February 9, 2026, at 6:00 PM in City Hall, 101 W. Main Street Madison, IN 47250. You are hereby
advised that a copy of said proposal is on file for examination before the hearing in the Office of
Planning, Preservation, & Design, 101 W. Main Street, Madison, IN 47250. Written objections to
the proposal that are filed with the secretary of the commission before the hearing will be
considered. The hearing may be continued from time to time as may be found necessary.
BY ORDER OF THE MADISON CITY ZONING BOARD OF APPEALS
____________________________________
Tony Steinhardt, Deputy Mayor
Board Members

Appointing Authority

Rick Farris
Scott Baldwin Karl
Eaglin Nancy
Burkhardt

Council
Mayor
Plan Commission/
Mayor Council

Term of Appointment
01/09/2023 - 12/31/2026
01/06/2023 - 12/31/2026
08/28/2023 - 12/31/2026
01/13/2025 - 12/31/2028

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MINUTES:
December 8, 2025 BZA Meeting
January 12, 2026 BZA Meeting

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Minutes

December 8, 2025

MADISON CITY BOARD OF ZONING APPEALS
The City of Madison Board of Zoning Appeals held a regular meeting on Monday, December 8, 2025,
at City Hall. Scott Baldwin presided over the meeting with the following additional Board Members
present: Nancy Burkhardt and Karl Eaglin. Board members Mark Acosta and Rick Farris were absent.
Also present: Tony Steinhardt, Director of Economic Development, and Bryan Shaw, Building
Inspector.
Minutes:
K. Eaglin made the motion to approve the November 10, 2025, minutes – Seconded by N. Burkhardt Unanimous Consent Vote – Final vote is three (3) in favor, and none against – Motion carries.
Minutes for November 10, 2025, were approved in accordance with the motion and vote.
Renewals:
1. BZCU-23-97: Baird Homes, Inc. – Conditional Use Permit for new and manufactured home sales.
Location: 3041 W Clifty Dr
Zoned: GB
1 Year Renewal
S. Baldwin noted that the renewal applicant has paid their renewal fee. Therefore, per the motion from the
last meeting regarding this renewal application, their Conditional Use Permit is renewed.
Tabled Applications
1. BZCU-25-23: Chuck Moore on behalf of Bowlin Communications, LLC and State of Indiana – Conditional
Use Permit to install a small cell utility pole under category 476 Relay Towers & Transmitting Stations
(TV, Radio, and Telephone).
Location: 3149+ CLIFTY DR (39-08-31-000-022.001-006)
Zoned: Light Manufacturing (M-1)
No one attended the meeting to represent the application. S. Baldwin moved to postpone BZCU-25-23 until
the next regular meeting. He also wanted to note that it looked like the antenna tower had been
constructed. – K. Eaglin seconded the motion – Unanimous Consent Vote – Final vote is three (3) in favor and
none against – Motion Carried.
2. BZCU-25-21: Karen Fellenz – Conditional Use Permit to allow for the addition of an in-home beauty
salon.
Location: 2247 Seneca Dr
Zoned: Residential Medium (R-8)
Karen Fellenz (2247 Seneca Dr) attended the meeting to present her application. The Conditional Use Permit
would allow her the addition of an in-home beauty salon. K. Fellenz noted that this will be a one-station
room for her use only, to take appointments during her retirement. S. Baldwin asked K. Fellenz if she had a
driveway where clients could park off-street. She confirmed she did, but wanted to note that one of her
neighbors was concerned about the parking situation, and if needed, she could find backup parking for one
of her two vehicles to minimize the impact. B. Shaw presented the statement from her neighbor, David
Riley, to the board. S. Baldwin moved to accept this into the record – Seconded by K. Eaglin – Unanimous
Consent Vote – Final Vote is three 3) in favor, and none against – Motion carries. N. Burkhardt asked K.
Fellenz what services she plans to provide and if she has any issues with chemicals and their disposal. K.
Fellenz explained she would continue as a colorist, and she does not use any chemicals that are hazardous

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and are normally exposed of down a drain. K. Fellenz explained she may take one or two clients a day with
business hours from 9:00 am to 5:00 pm. K. Eaglin noted that in the letter from D. Riley, he would like, if
granted, a permit for one year to make sure there are no significant issues in the future. S. Baldwin
reiterated the facts that were presented by K. Fellenz, which include, 9:00 am to 5:00 pm hours, off-street
parking, no signage, and one client at a time by appointment.
S. Baldwin asked for any comments or questions from the board or the audience.

1.
2.
3.

4.
5.

6.
7.

8.
9.

Finding of Facts
Is this use in fact a conditional use as established under the provisions of Article V and appears on the Official
Schedule of District Regulations adopted by Section 7.00 for the zoning district involved?
Will this use be harmonious with and in accordance with the general objectives, or with any specific objective
of the City's Comprehensive Plan and/or the Zoning Ordinance?
Will this use be designed, constructed, operated, and maintained so as to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will not change
the essential character of the same area?
Will this use not be hazardous or disturbing for existing or future neighboring uses?
Will this use be served adequately by essential public facilities and services such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide adequately any such
services?
Will this use not create excessive additional requirements at public expense for public facilities and services
and will not be detrimental to the economic welfare of the community?
Will this use not involve uses, activities, processes, materials, equipment, and conditions of operation that will
be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic,
noise, smoke, fumes, glare, or odors?
Will this use have vehicular approaches to the property which shall be so designed as not to create an
interference with traffic on surrounding public thoroughfares?
Will this use not result in the destruction, loss, or damage of natural, scenic, or historic features of major
importance?

The board reviewed state-mandated criteria for CUP approval, finding no objections across nine categories,
including neighborhood character, traffic impact, and historic preservation.
S. Baldwin made the motion to approve the application with the following conditions: Renewal period of one
year, owner-operated, 9:00 am to 5:00 pm hours, off-street parking, no signage, and one client at a time by
appointment. – Seconded by N. Burkhardt – Roll Call Vote – all ayes - Final Vote is three (3) in favor and none
against – Motion Carries.
Application BZCU-25-21 was approved in accordance with the motion and vote.
New Applications
1. BZCU-25-5: James Grant – Variance from Use to allow for the placement of a manufactured home.
Location: 887 VINE ST
Zoned: Central Business District (CBD)
WITHDRAWN
2. BZVU-25-6: Dustin Smith – Variance from Use to add an addition onto an existing outbuilding.
Location: 3220 N SHUN PIKE RD Zoned: Light Manufacturing (M-1)
WITHDRAWN
3. BZVD-25-14: Ryan Rodgers on behalf of William and Paula Alexander – Variance from Use to add an
addition and detached garage at the back.
Location: 815 E FIRST ST
Zoned: Historic District Residential (HDR)

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Ryan Rodgers (804 East St) presented a request for a Variance of Use for the property at 815 E First
Street to add an addition and detached garage at the back. R. Rodgers explained that the variance is
needed because the existing west wall of the garage is too close to the alley. The proposed garage will
meet setback requirements on all other sides, remaining within three feet of the property line along the
rear and east sides. T. Steinhardt stated that city staff recommended approval of the application.
S. Baldwin asked for any comments or questions from the board or the audience. K. Eaglin asked
whether R. Rodgers had received any comments or complaints from neighboring property owners. R.
Rodgers responded that he had not.

Findings of Fact - BZVD
Will this variance be injurious to the public health, safety, morals, and general welfare of the
community?
N. Burkhardt: No.
S. Baldwin: No.
K. Eaglin: No.

Will the use and value of the area adjacent to the property included in the variance be affected in a
substantially adverse manner?
N. Burkhardt: No.
S. Baldwin: No.
K. Eaglin: No.

Will the strict application of the terms of the zoning ordinance result in practical difficulties in the use
of the property?
N. Burkhardt: No.
S. Baldwin: No.
K. Eaglin: No.

The board reviewed state-mandated criteria for Variance of Use approval, finding no objections across five
categories.
N. Burkhardt made the motion to approve the variance as requested. – Seconded by K. Eaglin – Roll Call
Vote – all ayes - Final Vote is three (3) in favor and none against – Motion Carries.
Application BZVD-25-14 was approved in accordance with the motion and vote.
4. BZVD-25-13: Ryan Rodgers on behalf of Julie Thieman – Variance from Use to add an addition onto the
primary structure.
Location: 609 W SECOND ST
Zoned: Historic District Residential
Ryan Rodgers (804 East St) presented a request for a Variance of Use for the property at 609 W Second
Street to add an addition onto the primary structure. R. Rodgers explained that the existing house sits
right on the property line. The addition is going to be nine feet from the property line, so the request is
more to bring the house back into being conforming. The porch being added to the back will be about
and additional ten feet.
S. Baldwin asked for any comments or questions from the board or the audience.

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Findings of Fact - BZVD
Will this variance be injurious to the public health, safety, morals, and general welfare of the
community?
N. Burkhardt: No.
S. Baldwin: No.
K. Eaglin: No.

Will the use and value of the area adjacent to the property included in the variance be affected in a
substantially adverse manner?
N. Burkhardt: No.
S. Baldwin: No.
K. Eaglin: No.

Will the strict application of the terms of the zoning ordinance result in practical difficulties in the use
of the property?
N. Burkhardt: No.
S. Baldwin: No.
K. Eaglin: No.

The board reviewed state-mandated criteria for Variance of Use approval, finding no objections across five
categories.
K. Eaglin made the motion to approve the variance as requested. – Seconded by N. Burkhardt – Roll Call
Vote – all ayes - Final Vote is three (3) in favor and none against – Motion Carries.
Application BZVD-25-13 was approved in accordance with the motion and vote.
New/Old Business: None.
Delbert Reese (2747) was notified that he was supposed to appear at the meeting to rezone a shed he was
building, but he was not on the agenda. S. Baldwin explained that the application would have been
presented at the Plan Commission meeting, but that meeting was cancelled. D. Reese spoke with T.
Steinhardt after the meeting.
S. Baldwin made the motion to adjourn – Seconded by k. Eaglin – Unanimous Consent vote – Final vote is
three (3) in favor, and none against – Motion Carries.
The meeting adjourned in accordance with the motion and vote.
BY ORDER OF THE CITY OF MADISON BOARD OF ZONING APPEALS

_________________________________________
Scott Baldwin, Chairman

_________________________________________

Nicole Schell, Secretary/Director of Planning

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Minutes

January 12, 2026

MADISON CITY BOARD OF ZONING APPEALS
The City of Madison Board of Zoning Appeals held a regular meeting on Monday, January 12, 2026, at
5:30 PM in City Hall. Scott Baldwin presided over the meeting.
Roll Call:
• Present-Scott Baldwin (Chairman) -Nancy Burkhardt and Rick Farris
• Absent-Karl Eaglin
• Staff present; Tony Steinhardt (Director of Economic Development), Amy Williams (Interim Planning
Administrator) and Joe Jenner (City Attorney)
Minutes:
S. Baldwin made the motion to table December 8, 2025 minutes until Karl Eaglin being able to attend
because Rick Farris was not in attendance in the December 8th meeting. Unanimous Consent Vote (3 in
favor 0 against)-Motion carries.
The Minutes for December 8, 2025 were tabled.
Election of Officers
Postponed until the end-no objection

Renewals:
1. BZCU-23-103: Susan Smith – Conditional Use Permit Renewal for a swap meet/temporary event
Location: 2355 N K Rd
Zoned: RA
1 Year Renewal
S. Baldwin noted that the renewal applicant has paid their renewal fee. Therefore, their Conditional Use
Permit is renewed.
2. BZCU-23-100: Hrezo Engineering – Conditional Use Permit Renewal for an Engineering office
Location: 448 Meadow Lane Zoned: R-8
2 Year Renewal
S. Baldwin noted that the renewal applicant has paid their renewal fee. Therefore, their Conditional Use
Permit is renewed.
Tabled Applications
1. BZCU-25-23: Chuck Moore on behalf of Bowlin Communications, LLC and State of Indiana – Conditional
Use Permit to install a small cell utility pole under category 476 Relay Towers & Transmitting Stations
(TV, Radio, and Telephone).
Location: 3149+ CLIFTY DR (39-08-31-000-022.001-006)
Zoned: Light Manufacturing (M-1)
S. Baldwin stated this application is WITHDRAWN because the application was no longer needed. T.
Steihardt stated it is in the states right state of way and not on a parcel as initially understood.
New Applications

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1. BZVD-25-16::Delbert Reece – Variance from Development Standards for setbacks to build a new shed on
the existing pad.
Location: 2747 Lanier
Zoned: Residential Medium Density (R-8)

S. Baldwin asked if Mr. Delbert was present or if anyone was present to represent this application. Motioned
to table the application to the next meeting (February 9, 2026 at 6:00 P.M at City Hall. N. Burkhardt second
the motion. Unanimous Consent Vote (3 in favor and ) against) -Motion carries
Application BZVD-25-16 was tabled to the February 9th 2026 meeting
New/Old Business: None.
Election of Officers
1. Chairman
2. Vice Chairman
S. Baldwin asked for any nominees. N. Burkhardt nominated S. Baldwin for Chairman and K. Eaglin for Vice
Chairman. Unanimous Consent Vote (3 in favor and ) against) -Motion carries
Election of Officers: Chairman Scott Baldwin. Vice Chairman Karl Eaglin
S. Baldwin asked if there was any additional business he had overlooked. A.Williams stated that the meeting
dates for 2026 had been published, and proper notice provided, with meetings typically held on the second
Monday of each month. She noted that this evening’s meeting was the only exception and it had been published
in advance.
Regarding deadlines, A.Williams explained that staff is considering moving application deadlines from two weeks
prior to BZA meeting to thirty days, as the current timeframe is very tight, with legal notices required to be
submitted to the newspaper the following day. She added that at the next meeting, proposed rules and
procedures for the BZA would be discussed. The Plan Commission is undertaking a similar review, including a
revised fee schedule and timelines.
J.Jenner followed up on the same topic, noting that the state revised certain notice requirements within the last
one to two years. After discussions with city administration, it was determined that continuing to publish notices
in the newspaper remains important, as this is what residents are accustomed to, despite challenges related to
the newspaper’s publication schedule. Jenner noted that while the statute does not require newspaper
publication if notices are provided online, this approach is not what citizens are used to. Therefore, extending
deadlines is being considered to help accommodate these requirements.
S. Baldwin gave one last chance for BZVD-25-16 Delbert Reece or a representative to come forward, and no
one was present
S. Baldwin made the motion to adjourn, Seconded by N. Burkhardt. Unanimous Consent Vote (3 in favor and
against) – Motion carries
The meeting adjourned in accordance with the motion and vote.

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BY ORDER OF THE CITY OF MADISON BOARD OF ZONING APPEALS

_________________________________________
Scott Baldwin, Chairman

_________________________________________
Christy Gray Public Access and Planning Assistant

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APPLICATION PACKET:
BZVD-25-16
Delbert Reece
Variance from Development Standards for setbacks to
build a new shed on the existing pad
Location:
2747 LANIER DR (39-08-21-222-010.000-007)
Zoned R-8

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Application for Variance from
Development Standards

Primary Location

Applicant

BZVD-25-16

Delbert Reece
8122922577
[email protected]

2747 LANIER DR
MADISON, IN 47250

Submitted On: Oct 28, 2025

Property Owner Information
Property Owner Name

Mailing Street Address

Delbert Reece

2747 Lanier Dr

City

State

Madison

Zip Code

Phone Number

47250

8122922577

Permit Information
Address and/or Legal Description of Property

2747 Lanier Dr
Zoning Classification

R-8
Description of Existing Use

home
Description of Proposed Use

home
List sections of the Zoning Ordinance for which a variance is requested

setbacks
Describe why a variance is requested

build new shed on existing pad
Is this application requesting a variance from setbacks?

Yes

Variance from Setback Request
Current North Lot Line (Ft)

Current East Lot Line (Ft)

Current South Lot Line (Ft)

Current West Lot Line (Ft)

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Requested North Lot Line (Ft)

Requested East Lot Line (Ft)

Requested South Lot Line (Ft)

Requested West Lot Line (Ft)

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PROJECT BRIEF – BZVD-25-16
Application Date: 11/21/25
Meeting Date: 1/12/2026
Application Description:
An application has been filed for a Variance from Development Standards to allow for construction onto
(expansion of) an existing non-conforming structure.
Current Zoning: R-8
Applicant: Delbert Reece

Project Location: 2747 LANIER DR
Owner: Delbert Reece

Preliminary Staff Recommendation: Approval
Conditions: None
Reasoning:
The requested variance is to reduce the minimum side setback for a new 16x16 accessory structure. It is
unknown what the overall height of the proposed shed is, but the required side setback standards
outlined in Section 6.13 B.1.c are not likely necessary, and the requirement in 6.13 B.1.b set the
minimum. The request is not peculiar to the area as there appears to be multiple parcels that have
accessory structures similar distances as the applicant’s request. Further, the proposed request is in line
with the minimum side setbacks for the commensurate zoning district in the proposed new UDO. Staff
approves of the request.

History, Relevant Information, & Prior Approvals:
History:
The subject property is located at 2747 Lanier Drive and is zoned R-8 (Residential Medium Density). The
year the residential dwelling was built is unknown.
Relevant Information:
The applicant is requesting a variance from the development standards for side setbacks. The applicant
is proposing to build a 16x16 shed and is requesting to reduce the minimum side setback requirement
from 10 feet to four feet on the northwest property line.
Prior Approvals:
Unknown

812-265-8324

101 W. Main Street Madison, IN 47250

madison-in.gov

Page 15 of 103

Surrounding Zoning and Land Use:
North: Residential Low Density (R-4)
South: Residential Medium Density (R-8)
East: Heavy Industry(M-2)
West: Residential Medium Density (R-8)

Comprehensive Plan, Ordinances, &
Finding of Fact
Comprehensive Plan:
SUBURBAN RESIDENTIAL (Page 74-78)
Suburban Residential refers to neighborhoods of
single-family of low to moderate densities, as
Approximate Location of 16x16 shed
well as attached, manufactured, and multifamily
developments. This category is characterized by
larger lot and housing typically built after World War II. Suburban residential areas may also contain
institutional uses such as civic, religious, and educational facilities. New development should always be
required to connect existing infrastructure and utility services. Residential neighborhoods should be connected
by streets and sidewalks or multi-use paths to schools and other compatible non-residential areas. Cul-de-sac
streets, which do not encourage connectivity, should be minimized.
Zoning Ordinance:
SECTION 4.13 R-8 (pg. 27)
B. Restrictions for Permitted Uses
1.b: Side yards shall in no case be less than ten (10) feet wide in the Medium Density Residential District.
1.c: For every story in excess of the first or when the height of a single story structure exceeds twenty-five (25)
feet, the side yard width shall be increased by five (5) feet.

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Finding of Fact:
Finding of Fact #1 - Will approval of this application will be injurious to the public health, safety, morals, and
general welfare of the community?
The applicant has provided
No.
the following response:
Staff Response:
The setback along the side yard will not create an unsafe or
undesirable condition. The proposed accessory structure will be
approximately 50 feet from the nearest primary structure on an
abutting parcel.
Finding #1 has been satisfied.
Finding of Fact #2 - Will the use and value of the area adjacent to the property included in the variance will be
affected in a substantially adverse manner?
The applicant has provided
No.
the following response:
Staff Response:
The requested variance will not negatively impact the neighbors or
the structure on the adjoining parcel, as the request meets all other
standards of the UDO. Additionally, there appears to be an existing 6
ft privacy fence along the property line as well as some existing
vegetation acting as a buffer.
Finding #2 has been satisfied.
Finding of Fact #3 - The strict application of the terms of the Zoning Ordinance will result in practical
difficulties in the use of the property.
The applicant has provided
No.
the following response:
Staff Response:
Older structures on existing parcels can often present challenges
when improvements to the property are desired. Historical
standards, if there were requirements at the time of construction
can contribute to creating this, The request will be complementary
of the historical development pattern of the immediate vicinity.
Finding #3 has been satisfied.

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APPLICATION PACKET:
BZCU-25-27
Christy Hay/Mark and Christy Hay
Conditional Use Approval for “111 Home Occupation” in
order to operate a one chair nail salon
Location: 2
205 Taylor St (39-08-22-334-058.000-007)
Zoned R-8

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1/23/26, 11:17 AM

Conditional Use Permit

BZCU-25-27
Submitted On: Dec 18, 2025

about:blank

Primary Location

Applicant
Christy Hay
812-801-6469
[email protected]

2205 TAYLOR ST
MADISON, IN 47250

General Information
Are you the property owner?

Yes

Permit Information
Type of Application

Zoning Classification

Initial Application

Medium Density Residential (R-8)

Legal Description of Property

Residential
Description of Existing Use

Home
Description of Proposed Use

business
Proposed Schedule of Uses Category #

Narrative
Is this use in fact a conditional use as established under the provisions of Article V and appears on the Official Schedule of District
Regulations adopted by Section 7.00 for the zoning district involved?

Yes
Will this use be harmonious with and in accordance with the general objectives, or with any specific objective of the City's
Comprehensive Plan and/or the Zoning Ordinance?

Yes
Will this use be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity and that such use will not change the essential character of the same area?

Yes
Will this use not be hazardous or disturbing for existing or future neighboring uses?

Yes
Will this use be served adequately by essential public facilities and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the
establishment of the proposed use shall be able to provide adequately any such services?

Yes

about:blank

1/2

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1/23/26, 11:17 AM

about:blank

Narrative (Continued)
Will this use not create excessive additional requirements at public expense for public facilities and services and will not be
detrimental to the economic welfare of the community?

Yes
Will this use not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to
any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors?

Yes
Will this use have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on
surrounding public thoroughfares?

Yes
Will this use not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance?

Yes

Acknowledgement
Certified letters MUST be mailed to adjoining property owners
(includes owners of real estate at corners, accross streets,
alleys or easements as well as others who may share a
common boundary) at least ten (10) days prior to the meeting.
The Planning Office can assist you in obtaining this information.
Proof of the Certified Mail receipts and the corresponding
returned green cards shall be given to the Planning Office at
least one (1) working day prior to the scheduled meeting. The
Board will not review the application unless these are received.

Digital Signature

true

I certify that the information provided in this application is
true and accurate to the best of my ability and I understand
and agree to the Certified mail stipulations.

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Page 20 of 103

PROJECT BRIEF – BZCU-25-27
Application Date: December 15, 2025
Meeting Date: February 9, 2026
Application Description:
An application has been filed for a Conditional Use Permit to allow for a home occupation, where
applicant proposes to operate in-home nail salon.
Current Zoning: Residential Medium Density(R-8)
Applicant: Christy Hay

Project Location: 2205 Taylor St
Owner: Mark and Christy Hay

Preliminary Staff Recommendation: Approve with Conditions
Conditions:
1.
2.

Business operations are allowed to operate only between the hours of 7:00 am and 7:00 pm
and all activities shall be within an enclosed building.
Maximum of 10 clients/business-related visitors allowed on-site per day but no more than 2
clients/business-related visitors can be on-site at one time, excluding resident(s) of the property.

Reasoning:
1.

The intent of allowing a home occupation is to permit the resident of the dwelling to operate a
low impact business from the property, provided the use does not negatively impact adjoining
properties, and ensure the home occupation stays incidental and accessory to the primary use.
The applicant has proposed to meet all of the requirements outlined in the zoning ordinance
related to home occupations.

History, Relevant Information, & Prior Approvals:
History: There is no known history for this property.
Relevant Information: The applicant states: “Home salon for nails with no employees. Maximum of 1 client at
a time but there could have some slight overlap with scheduling. Would be by appointment only. All activities
would be within an accessory building (attached to garage). On-site parking would be in the existing driveway
(this is a 2nd driveway that owner does not use for personal vehicles during business hours). Space will comply
with all building regulations and owner has cosmology license with state.”

812-265-8324

101 W. Main Street Madison, IN 47250

madison-in.gov

Page 21 of 103

This proposed request and provided information meets the intent of Section 6.10-A-1: Home
Occupations in the current zoning ordinance; however, the text language of the section states “A home
occupation is any use conducted entirely within a dwelling…”, and the applicant is proposing to operate the
home occupation within an accessory building on the site. The proposed new Unified Development
Ordinance (UDO) that has been recommended for approval by the Plan Commission allows for homebased businesses (the new equivalent of this proposed request in the new UDO) and permits the use of
“a permitted accessory structure or in an area that is not visible from any adjacent parcel or public road at all
times.”
Prior Approvals: There are no known prior approvals for this site.

Surrounding Zoning and Land Use:

R-8

North: Residential Medium Density(R-8)
South: Residential Medium Density(R-8)
East: Residential Medium Density(R-8)
West: Residential Medium Density(R-8)

R-8

Comprehensive Plan, Ordinances, & Finding of Fact
Comprehensive Plan:
Future Land Use Designations (Page 74-78)
NEIGHBORHOOD MIXED USE
Neighborhood Mixed-Use refers to traditional neighborhoods with a historic development pattern such
as those in the southern section of Madison generally between the bluff and the Ohio River. It is
primarily a mix of single and two-family homes and small multifamily buildings with minimal setback from
the street. This land use also includes some mixed-use commercial/residential properties. Some are on
alleys with rear-loaded garages and in some cases only on-street parking, but typically these homes do
not have front loading garages unless at the rear of the lot. This designation surrounds the core around
Main Street and much lies within the Historic District. There is a continuous network of blocks connected
by streets and sidewalks that lead to parks, the central business and civic area. Vacant lots should be
redeveloped with compatible infill that reflects the desired character of the neighborhood. This
designation can also serve as a transition between lower density residential and commercial or business
activities. Development should be connected to City utilities and public services.
Ordinance:
SECTION 6.13 – MEDIUM DENSITY RESIDENTIAL (R-8) (Page 50-56)
SECTION 6.10-A-1: HOME OCCUPATIONS (Page 37-39)

Page 22 of 103

Finding of Fact:
Finding of Fact #1 - Do you agree this is in fact a conditional use as established under the provisions of Article
V and appears on the Official Schedule of Uses adopted by Section 7.00 for the zoning district involved?
The applicant has provided
the following response:
Staff Response:
Finding #1 has been satisfied.

Yes
Yes. The requested use in Section 7.00 is “111 Home Occupations”

Finding of Fact #2 - Do you agree this will be harmonious with and in accordance with the general objectives,
or with any specific objectives of the City’s Comprehensive Plan and/or the Zoning Ordinance?
The applicant has provided
Yes
the following response:
Staff Response:
Yes. Section 6.10-A-1 outlines general standards for Home
Occupations. The applicant states the entire use will be contained
within a structure on the property, and has designated off-street
parking for clients.
Finding #2 has been satisfied.
Finding of Fact #3 - Do you agree this will be designed, constructed, and maintained so as to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity and that such use
will not change the essential character of the same area?
The applicant has provided
Yes
the following response:
Staff Response:
Yes. The applicant is not proposing any expansion or alteration of
any structures on the property associated with this request. That,
coupled with the designated off-street parking, should not alter the
character of the primary use and surrounding area.
Finding #3 has been satisfied.
Finding of Fact #4 - Do you agree this will not be hazardous or disturbing to existing or future neighboring
uses?
The applicant has provided
Yes
the following response:
Staff Response:
Yes. The information provided by the applicant does not contain
anything that would be out of the ordinary for the existing and
surrounding uses; the primary use is residential and the applicant
does not propose anything that would alter that. The proposed use
is a nail salon, so no hazardous materials or processes are utilized
in the day-to-day operations.
Finding #4 has been satisfied with proposed conditions.

Page 23 of 103

Finding of Fact #5 - Do you agree this will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structure, refuse disposal, water and sewer, and
schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services?
The applicant has provided
Yes
the following response:
Staff Response:
Yes. The proposed request does not need anything special or
different from the existing primary use of residential. The property
is currently and adequately served by public utilities and services.
Finding #5 has been satisfied.
Finding of Fact #6 - Do you agree this will not create excessive requirements at public expense for public
facilities and services and will not be detrimental to the economic welfare of the community?
The applicant has provided
Yes
the following response:
Staff Response:
Yes. The applicant, in their application, stated there will only be one
client on the premises at a time, unless the rare scheduling error
occurs. Even in the event of this, the applicant’s submitted
information states there is adequate off-street parking to
accommodate. There are also no additional employees proposed
other than the resident of the dwelling.
Finding #6 has been satisfied.
Finding of Fact #7 - Do you agree this will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors?
The applicant has provided
Yes
the following response:
Staff Response:
Yes. The proposed activity will wholly be enclosed in a structure,
and does not create negative externalities on adjacent properties
that would be detrimental to persons, property, or general welfare.
Finding #7 has been satisfied.
Finding of Fact #8 - Do you agree this will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public thoroughfares?
The applicant has provided
Yes
the following response:
Staff Response:
Yes. The proposed traffic for the property will not be considerably
higher than a residential use, and the applicant states there is
adequate off-street parking to accommodate the home occupation.
Finding #8 has been satisfied.

Page 24 of 103

Finding of Fact #9 - Do you agree this will not result in the destruction, loss or damage of natural, scenic, or
historic features of major importance?
The applicant has provided
Yes
the following response:
Staff Response:
Yes. The applicant’s submitted information does not include
anything that states the use will increase the intensity of the
primary use.
Finding #9 has been satisfied.

Applicant Submittal

Page 25 of 103

APPLICATION PACKET:
BZCU-25-28
Cherilyn Miller/RBCT Properties LLC
Conditional Use Approval for “ 121 Rooming &
Boarding House”
Location:
822 Green ST (39-08-27-223-047.000-007)
Zoned R-8

Page 26 of 103

1/23/26, 11:17 AM

Conditional Use Permit

BZCU-25-28
Submitted On: Dec 23, 2025

about:blank

Primary Location

Applicant
Cherilyn Miller
812-599-9359
[email protected]

822 GREEN RD
MADISON, IN 47250

General Information
Are you the property owner?

Property Owner Information
Property Owner Name

Street Mailing Address

RBCT Properties LLC

5008 N Graham Road

City

State

Madison

Zip Code

Phone Number

47250

8120000000

Permit Information
Type of Application

Zoning Classification

Initial Application

Medium Density Residential (R-8)

Legal Description of Property
011-01496-00 PT LOT 6 & 7 B & R ADD =11-35-13 822 Green Rd

Description of Existing Use

Currently vacant
Description of Proposed Use

Transitional rooming/boarding
Proposed Schedule of Uses Category #

Yes, rooming and boarding house
Will this use be harmonious with and in accordance with the general objectives, or with any specific objective of the City's
Comprehensive Plan and/or the Zoning Ordinance?
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Page 27 of 103

1/23/26, 11:17 AM

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Yes, health and wellness
Will this use be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity and that such use will not change the essential character of the same area?

Yes
Will this use not be hazardous or disturbing for existing or future neighboring uses?

Yes

Yes
Will this use have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on
surrounding public thoroughfares?

Yes
Will this use not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance?

Yes

Digital Signature

true

I certify that the information provided in this application is
true and accurate to the best of my ability and I understand
and agree to the Certified mail stipulations.

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2/2

Page 28 of 103

Docusign Envelope ID: F000C0EA-FF2B-4EE1-A216-609236B88114

Candice Fulk-McDole

12/20/2025

Page 29 of 103

UPDATED INFORMATION: Sumbitted 1/31/26
BZCU-25-28
Additional Information
Finding of Fact #4 - Do you agree this will not be hazardous or disturbing to existing or
future neighboring uses? Yes. The property will continue to be used just like a single-family
home, in that it will be a residence for up to 10 individuals at any given time. There are no
plans to change the structure or footprint of the house.

Finding of Fact #6 - Do you agree this will not create excessive requirements at public
expense for public facilities and services and will not be detrimental to the economic
welfare of the community? Yes. The maximum occupancy will be 10 individuals and there
is no expectation that there will be excessive need for public facilities. In fact, residents of
the home will be required to work full-time at local businesses and volunteer weekly in the
community, ensuring that the program will be an asset, not a drain on the public.

Finding of Fact #8 - Do you agree this will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on surrounding public
thoroughfares? Yes. The home has a driveway sufficient for 2-3 vehicles. The Parks
Department has agreed to allow daytime parking in the sports complex lot directly across
the street, if needed. We do not anticipate having many vehicles at the home, as most
residents are just coming out of jail or are in situations where they do not have a vehicle.
However, we are also looking into requirements to add parking if a need arises.

Finding of Fact #9 - Do you agree this will not result in the destruction, loss or damage of
natural, scenic, or historic features of major importance? Yes. The function of the home
will be as a residence. There will be no changes made to any features of the home without
seeking proper permits or going through required channels.

Page 30 of 103

PROJECT BRIEF – BZCU-25-28
Application Date: December 11, 2025
Meeting Date: February 9, 2026
Application Description:
An application has been filed for a Conditional Use Permit to operate a Rooming and Boarding House
under “121 Rooming & Boarding House”.
Current Zoning: Residential Medium Density(R-8)
Applicant: Cherilyn Miller

Project Location: 822 Green Road
Owner: RBCT Properties, LLC

Preliminary Staff Recommendation: Additional Information is Needed
Staff Comment:
1.

Additional information should be discussed during the public hearing regarding operations, onsite staffing, services being provided within the house, state licensing, house rules, and on-site
parking. Information on these items is necessary to determine if the application meets the
required findings of fact.

History, Relevant Information, & Prior Approvals:
History: There is no known history for this property.
Relevant Information: The applicant, in their submitted application, states the description of proposed
use as “Transitional Rooming/Boarding”.
The existing ordinance defines “Rooming House, Boarding House, Dormitory, Lodging House” as, “A
dwelling or part thereof, other than a hotel, motel, or restaurant, where meals and/or lodging are provided for
compensation, for three (3) or more unrelated persons where no cooking or dining facilities are provided in the
individual rooms.”
The applicant does not provide any additional information with their application.
Prior Approvals: There is no known prior approvals for this property.

812-265-8324

101 W. Main Street Madison, IN 47250

madison-in.gov

Page 31 of 103

Surrounding Zoning and Land Use:
North: General Business(GB)
South: Residential Agricultural (RA)
East: General Business(GB)
West: Residential Medium Density(R-8)

Comprehensive Plan, Ordinances, &
Finding of Fact

GB
R-8

Comprehensive Plan:
R-8
COMMUNITY COMMERCIAL (Page 74-78)
RA
Community commercial includes higher intensity
uses including national retailers, offices, food
services, lodging, and entertainment, which draw
customers from the City and adjacent communities. The designation may also contain medium to high density
multifamily residential. These developments ideally are located on major thoroughfares and at prominent
intersections as these uses require high visibility (enough daily traffic to support significant sales) and
convenient access, on larger parcels with dedicated parking. While most community commercial uses are
predominately one-story, uses may be mixed both vertically (in the same structure with retail below and
residential or office above), or horizontally – uses adjacent. New commercial centers should have cohesive
architectural styles using high-quality materials, and provide landscaping, lighting, pedestrian
accommodations, and even open space if over a certain size. Controlled access (limiting curb cuts) and crossaccess easements between businesses (connecting parking lots) should be considered to mitigate potential
traffic congestion.

Ordinance:
SECTION 6.13 – MEDIUM DENSITY RESIDENTIAL (R-8) (Pages 50-56)
SECTION 7.00 – OFFICIAL SCHEDULE OF DISTRICT REGULATIONS (PAGE 93-99)
Finding of Fact:
Finding of Fact #1 - Do you agree this is in fact a conditional use as established under the provisions of Article
V and appears on the Official Schedule of Uses adopted by Section 7.00 for the zoning district involved?
The applicant has provided
the following response:
Staff Response:

Finding #1 has been satisfied.

Yes, rooming and boarding house
Yes. The proposed use meets the definition for ““Rooming House,
Boarding House, Dormitory, Lodging House” as outlined in Section
2.10 of the existing zoning ordinance, and aligns with the use of
“121 Rooming & Boarding House”.

Page 32 of 103

Finding of Fact #2 - Do you agree this will be harmonious with and in accordance with the general objectives,
or with any specific objectives of the City’s Comprehensive Plan and/or the Zoning Ordinance?
The applicant has provided
Yes, health and wellness
the following response:
Staff Response:
Yes. The requested conditional use is for a residential use that is
needed and is marketed to a diverse population. The proposed
location is across the street from a public park and in close
proximity to Clifty Falls State Park.
Finding #2 has been satisfied.
Finding of Fact #3 - Do you agree this will be designed, constructed, and maintained so as to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity and that such use
will not change the essential character of the same area?
The applicant has provided
Yes
the following response:
Staff Response:
Yes. The proposed use is considered residential, and the use
should be conducted within the parameters of a residential use.
Finding #3 has been satisfied.
Finding of Fact #4 - Do you agree this will not be hazardous or disturbing to existing or future neighboring
uses?
The applicant has provided
Yes
the following response:
Staff Response:
Additional information is needed to determine
Finding #4 has been satisfied.
Finding of Fact #5 - Do you agree this will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structure, refuse disposal, water and sewer, and
schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services?
The applicant has provided
Yes
the following response:
Staff Response:
Yes. The only public services and facilities that should be necessary
are those that currently serve the adjacent residential uses.
Finding #5 has been satisfied.
Finding of Fact #6 - Do you agree this will not create excessive requirements at public expense for public
facilities and services and will not be detrimental to the economic welfare of the community?
The applicant has provided
Yes
the following response:
Staff Response:
Additional information is needed to determine

Page 33 of 103

The applicant has provided
the following response:
Staff Response:

Yes
Additional information is needed to determine

Finding of Fact #8 - Do you agree this will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public thoroughfares?
The applicant has provided
Yes
the following response:
Staff Response:
Minimal vehicular traffic would be needed for this use, and the use
will be required to meet all standards for off-street parking as
outlined in Section 5.42, Section 9.00, and Table 9-1 in the existing
zoning ordinance. Additional information is needed to determine if
required parking can be provided on-site.
Finding of Fact #9 - Do you agree this will not result in the destruction, loss or damage of natural, scenic, or
historic features of major importance?
The applicant has provided
Yes.
the following response:
Staff Response:
Additional information is needed to determine
Finding #9 has been satisfied.

Page 34 of 103

APPLICATION PACKET:
BZCU-25-29
Fred Low/Bruce and Cheryl Tandy
Conditional Use Approval for “476 Relay Towers &
Transmitting Stations (TV, Radio, & Telephone)” to
construct a new telecommunications tower
Location:
316 N Goins Road (39-08-31-000-023.000-006)
Zoned RA

Page 35 of 103

1/23/26, 11:19 AM

Conditional Use Permit

BZCU-25-29
Submitted On: Dec 29, 2025

about:blank

Primary Location

Applicant
Fred Low
317-538-9856
[email protected]

328 GOINS RD
MADISON, IN 47250

General Information
Are you the property owner?

Property Owner Information
Property Owner Name

Street Mailing Address

Bruce & Cheryl Tandy

3582 N SR 7

City

State

Madison

Zip Code

Phone Number

47250

812-599-1612

[email protected]

Permit Information
Type of Application

Zoning Classification

Initial Application

Residential Agricultural District (R-A)

Legal Description of Property

010-01283-00 SE NE 31-4-10 40A PT NE SE 31-4-10 1A 10-48-17 300+ N Goins Rd
Description of Existing Use

Agricultural crop
Description of Proposed Use

Install unmanned communications facility (tower) to include: 250' Self Support (Lattice Type) Tower with 5' top mounted lightning
rod (255' overall height) within 65'x65' fenced aggregate compound. Colocation of antennas and associated equipment at 245' AGL
along with base equipment within fenced compound. Installation of 12' access road and utilities (fiber & power) from Goins Rd to
compound within access/utility easement.
Proposed Schedule of Uses Category #

Yes. Section 6.11.C.4 lists Various Public and Quasi-Public Utilities as a Conditional Use (Section 7.00 - 476)
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1/23/26, 11:19 AM

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Will this use be harmonious with and in accordance with the general objectives, or with any specific objective of the City's
Comprehensive Plan and/or the Zoning Ordinance?

Yes. The One Madison Comprehensive Plan confirms multiple wireless cellular coverage is good within the corporate boundary,
but drops off sharply as you exit the extra-territorial jurisdiction (page 118 Data Networks). The proposed facility would help to
address that issue in coverage. The proposed facility would also improve wireless access points in the are as indicated in Goal 3 of
the Infrastructure and Public Services Section indicating the goal to continue to establich wireless access points throughout the city
(page 128 Enhance public infrastructure to promote investment/reinvestment). Additionally the site design meets the ordinance
requirements listed in Section 6.11.C.4.
Will this use be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity and that such use will not change the essential character of the same area?

Yes. As the proposed facility is designed to operate unmanned, the essential character of the general vicinity will not be impacted
at a significant level. The facility operation will not significantly impact traffic flow and the facility does not produce odor or noise that
would affect the surroundings. Regularly scheduled maintenance will be conducted in accordance with industry standards.
Will this use not be hazardous or disturbing for existing or future neighboring uses?

Yes. The proposed tower will be specifically designed to have a fall radius within the subject parcel (see stamped design letter
dated 10/31/25 defining fall radius equal to 50 ft). Additionally the site is to be unmanned with limited traffic (approximately 1
vehicle per month post construction), does not produce odor nor loud noise during operation.
Will this use be served adequately by essential public facilities and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the
establishment of the proposed use shall be able to provide adequately any such services?

Yes. Utilities required by the facility are power and fiber. Power source is readily available within ROW near the site. The facility
owner will be responsible for costs associated with power and fiber installation. Traffic post construction is estimated at 1 vehicle
per month and will not significantly increase demand on existing roadway. No water, sewer service nor refuse disposal is required
for operation of the facility.

Yes. The proposed facility does not produce demand on public services. Installation of all utilities required at the facilities are
funded by the facility owner. The facility will be a benefit to the economic welfare of the community by improved accessability of
wireless voice and data transmission.
Will this use not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to
any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors?

Yes. The proposed facility is unmanned and is designed to have low impact on the surrounding area. Operation of the facility does
not produce odors, noise at an appreciable level, smoke or fumes.
Will this use have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on
surrounding public thoroughfares?

Yes. Access to the facility from Goins Rd will be via a 30' Access/Utility easement. The location of the proposed access drive is
approximateley the the same location as the existing drive accessing the agricultural field.
Will this use not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance?

Yes. The area at the site is relatively flat farm field. Existing trees and vegatation will be preserved to the greatest extent possible.

Acknowledgement
Digital Signature
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Page 37 of 103

1/23/26, 11:19 AM

Certified letters MUST be mailed to adjoining property owners
(includes owners of real estate at corners, accross streets,
alleys or easements as well as others who may share a
common boundary) at least ten (10) days prior to the meeting.
The Planning Office can assist you in obtaining this information.
Proof of the Certified Mail receipts and the corresponding
returned green cards shall be given to the Planning Office at
least one (1) working day prior to the scheduled meeting. The
Board will not review the application unless these are received.

about:blank

true

I certify that the information provided in this application is
true and accurate to the best of my ability and I understand
and agree to the Certified mail stipulations.

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3/3

Page 38 of 103

Statement of Network Need for a New Communications Tower
Michael Fahim, RF Engineer
1. My name is Michael Fahim and I am a radio frequency (RF) engineer for Verizon
Wireless (“Verizon”). I have been employed as an RF engineer for 6 years in the
telecommunications industry, the last 6 with Verizon.
2. The primary duties of my job as an RF engineer include the design and management of
Verizon’s wireless communications network in its Michigan/Indiana/Kentucky Market,
which includes the area in and around Jennings, Indiana. In this role, I am also
responsible for identifying and correcting substantial service gaps that present themselves
in Verizon’s wireless network. These service gaps can be caused by lack of coverage or
insufficient system capacity, or both. Service gaps are identified through the use of
internal Verizon network monitoring tools and analysis showing the capacity and/or
coverage need in a particular area.
3. In the course of my employment at Verizon, I have become aware of a significant service
gap in Verizon’s wireless communications network in the area near HYW56. As a result
of this significant service gap, Verizon customers using their devices in and around the
Gap Area are likely to experience diminished call quality, slow and unreliable data
transmission speeds, call drops, and blocked calls. Verizon’s service gap in the Gap Area
has existed for several years.
4. This significant service gap will remain and cannot be resolved unless a communications
tower is constructed within the Gap Area. Verizon must remedy this service gap in order
to provide high-speed wireless broadband access to the communities in and around
HYW56, to fill in coverage gaps where wireless services are not reliable, and to provide
enhanced E911 services.
5. Verizon identified a search area in which a tower would need to be located in order to
resolve the service gap. Before proposing a new communications tower, Verizon first
considered whether any existing towers in the area could be used to resolve the coverage
gap in the Gap Area. There are no other existing towers in the search area on which
Verizon could collocate its communications equipment to resolve the service gap. For this
reason, TAG Towers, LLC began looking for available properties in the search area that
would be suitable for a tower.
6. Verizon and TAG Towers, LLC have worked together to identify a property in the Gap
Area that could accommodate a communications tower to correct the significant service
gap in Verizon’s wireless communications network. TAG Towers, LLC has proposed to
build a new tower on 300 N Goins Rd Madison Indiana 47350.

Page 39 of 103

7. By co-locating its communications equipment on the Proposed Tower, Verizon will
resolve the current significant service gap and will be able to provide improved service to
residents, businesses, and emergency service providers in and around the Gap Area. If
TAG Towers, LLC unable to construct the new telecommunications tower, and Verizon
is therefore unable to collocate its equipment on the proposed tower, the significant
service gap in Verizon’s wireless communications network will remain, and Verizon will
be prohibited from providing reliable wireless service to its customers in the Gap Area.

Dated this 20 day of October ,2025
______________________
��
Michael Fahim
RF Engineer
Verizon

Page 40 of 103

Aeronautical Study No.
2025-AGL-13926-OE

Mail Processing Center
Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
10101 Hillwood Parkway
Fort Worth, TX 76177
Issued Date: 11/26/2025
TAG TOWERS III LLC
DAVID GINTER
108 Forbes Court
Suite 1
Richmond, KY 40475

** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:
County, State:
Collected Point(s):
Label
pt-1

Antenna Tower IN-2012 West Madison
Jefferson, Indiana

Latitude
38-44-43.89N

Longitude
85-26-36.86W

SE
809 Ft

DET AGL
199 Ft

AMSL
1008 Ft

This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
Emissions from this site must be in compliance with the parameters set by collaboration between the FAA and
telecommunications companies and reflected in the FAA 5G C band compatibility evaluation process (such as
power, frequencies, and tilt angle). Operational use of this frequency band is not objectionable provided the
Wireless Providers (WP) obtain and adhere to the parameters established by the FAA 5G C band compatibility
evaluation process. Failure to comply with this condition will void this determination of no hazard.
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the
project is abandoned or:
_____ At least 10 days prior to start of construction (7460-2, Part 1)
__X__ Within 5 days after the construction reaches its greatest height (7460-2, Part 2)
See attachment for additional condition(s) or information.
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/
lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory
circular 70/7460-1 M Change 1.
This determination expires on 05/26/2027 unless:

Page 1 of 7

Page 41 of 103

(a)
(b)
(c)

the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual
Construction or Alteration, is received by this office.
extended, revised, or terminated by the issuing office.
the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.

NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except
those frequencies specified in the Colo Void Clause Coalition; Antenna System Co-Location; Voluntary Best
Practices, will void this determination. Any future construction or alteration, including increase to heights,
power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all
previously filed frequencies and power for this structure.
If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after
the construction or alteration is dismantled or destroyed.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
A copy of this determination will be forwarded to the Federal Communications Commission (FCC) because the
structure is subject to their licensing authority.
If we can be of further assistance, please contact our office at 1-817-222-4104, or [email protected].
On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2025AGL-13926-OE.

Signature Control No: 679458085-685300463
Diana Pinos
Specialist
Attachment(s)
Additional Information
Frequency Data
Page 2 of 7

( DNE )

Page 42 of 103

Map(s)
cc: FCC

Page 3 of 7

Page 43 of 103

Additional information for ASN 2025-AGL-13926-OE
Part 77 authorizes the FAA to evaluate a structure or object's potential electromagnetic effects on air navigation,
communication facilities, and other surveillance systems. It also authorizes study of impact on arrival,
departure, and en route procedures for aircraft operating under visual or instrument flight rules, as well as the
impact on airport traffic capacity at existing public use airports. Broadcast in the 3.7 to 3.98 GHz frequency
(5G C band) currently causes errors in certain aircraft radio altimeters and the FAA has determined they cannot
be relied upon to perform their intended function when experiencing interference from wireless broadband
operations in the 5G C band. The FAA has adopted Airworthiness Directives for all transport and commuter
category aircraft equipped with radio altimeters that prohibit certain operations when in the presence of 5G C
band.
This determination of no hazard is based upon those mitigations implemented by the FAA and operators of
transport and commuter category aircraft, and helicopters operating in the vicinity of your proposed location.
It is also based on telecommunication industry and FAA collaboration on acceptable power levels and other
parameters as reflected in the FAA 5G C band evaluation process.
The FAA 5G C band compatibility evaluation is a data analytics system used by FAA to evaluate operational
hazards related to aircraft design. The FAA 5G C band compatibility evaluation process refers to the process
in which the telecommunication companies and the FAA have set parameters, such as power output, locations,
frequencies, and tilt angles for antenna that mitigate the hazard to aviation. As the telecommunication
companies and FAA refine the tools and methodology, the allowable frequencies and power levels may change
in the FAA 5G C band compatibility evaluation process. Therefore, your proposal will not have a substantial
adverse effect on the safe and efficient use of the navigable airspace by aircraft provided the equipment and
emissions are in compliance with the parameters established through the FAA 5G C band compatibility
evaluation process.
Any future changes that are not consistent with the parameters listed in the FAA 5G C band compatibility
evaluation process will void this determination of no hazard.

Page 4 of 7

Page 44 of 103

Frequency Data for ASN 2025-AGL-13926-OE

LOW
FREQUENCY

HIGH
FREQUENCY

FREQUENCY
UNIT

ERP

ERP
UNIT

6
6
10
10
17.7
17.7
21.2
21.2
614
614
698
806
806
824
851
869
896
901
929
930
931
932
935
940
1670
1710
1850
1850
1930
1990
2110
2305
2305
2345
2496
3700
3700

7
7
11.7
11.7
19.7
19.7
23.6
23.6
698
698
806
824
901
849
866
894
901
902
932
931
932
932.5
940
941
1675
1755
1910
1990
1990
2025
2200
2360
2310
2360
2690
3980
3981

GHz
GHz
GHz
GHz
GHz
GHz
GHz
GHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz
MHz

42
55
42
55
42
55
42
55
1000
2000
1000
500
500
500
500
500
500
7
3500
3500
3500
17
1000
3500
500
500
1640
1640
1640
500
500
2000
2000
2000
500
1640
3280

dBW
dBW
dBW
dBW
dBW
dBW
dBW
dBW
W
W
W
W
W
W
W
W
W
W
W
W
W
dBW
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W

Page 5 of 7

Page 45 of 103

Verified Map for ASN 2025-AGL-13926-OE

Page 6 of 7

Page 46 of 103

Sectional Map for ASN 2025-AGL-13926-OE

Page 7 of 7

Page 47 of 103

1 Fairholm Avenue
Peoria, IL 61603 USA
Phone: (309)-566-3000
Fax:
(309)-566-3079

October 31, 2025
TAG Towers
Attn: Richie Pennington
Reference:

195ft Self-Supporting Tower Model RTL
Site Name: West Madison - IN-2012, Jefferson County, IN
Quote Number: Q25-11129-2

Dear Richie,
The referenced Tower will be designed to meet the specified loading requirements in
accordance with ANSI/TIA-222-H for a 106 mph 7-16 Ultimate Wind Speed with no ice and a 30
mph 3-second gust wind speed with 1.5 inches radial ice, Risk Category II, Exposure Category C,
and Topographic Category 1.
It is our understanding that the design of the referenced Tower requires consideration
of a contained fall radius in the event that a catastrophic wind speed would result in collapse.
Although the Tower will not be designed to fail, stronger sections where required by analysis
will be provided in the lower sections of the Tower. This will result in an increased safety factor
in the lower sections of the Tower. This design will enable the Tower to fail through a
combination of bending and buckling in the upper portion of the Tower under a catastrophic
wind loading. Failure in this manner would result in the upper portion of the Tower folding over
the lower portion, resulting in a fall radius no greater than 50 feet.
Please contact us at your convenience should you have further questions concerning the
safety of Tower structures or other aspects of Tower design.
Sincerely,

10/31/2025
Allen Schneider, P.E.
Senior Design Engineer

Products for a Growing World of Technology®

Page 48 of 103

108 FORBES COURT, SUITE 1
RICHMOND, KY 40475

PROJECT SUMMARY

·
·
·
·
·
·
·
·
·
·

NEW 195' SELF-SUPPORT
W/ 4' LIGHTNING ROD
TOTAL TOWER HEIGHT 199'
VERIZON ANTENNA C.L. 190'
CELLCO PARTNERSHIP
d/b/a VERIZON WIRELESS
WS WEST MADISON
FUZE PROJECT ID: 17457183
MDG LOCATION ID: 5000973336

CR 100 N

IN-2012
WS WEST MADISON

CELL SITE

GOINS ROAD
MADISON, IN 47250
JEFFERSON COUNTY

1 of 2
2 of 2

T-1

SURVEY PLAN
SURVEY PLAN

PROJECT INFORMATION, LOCATION MAPS, AND
DRAWING INDEX

DRAWING INDEX

C-1
C-1A

VERIZON EQUIPMENT PAD AND CANOPY
ELEVATIONS

Call before you dig.
Call 811 or
1-800-382-5544
Toll Free

Know what's below.

OVERALL SITE PLAN w/ AERIAL OVERLAY
OVERALL SITE PLAN w/ TOWER DISTANCES TO
PROPERTY LINES
OVERALL SITE PLAN w/ TOWER DISTANCES TO
RESIDENTIAL STRUCTURES
DETAILED SITE PLAN
DIMENSIONED SITE PLAN
D-1

TOWER ELEVATION, NOTES AND DETAILS

C-1B

Bi w ay

TE-1

APPLICABLE CODES

·
·
·

·
·

·
·
·
·
·
·
·
·
·

Site

ed Driv

nic

io
/ Oh Sce

Un-nam

6
-5
IN

AERIAL MAP

IN-256

DIRECTIONS TO SITE

C-2
C-3

PROJECT DESCRIPTION

Site

LOCATION MAP

Goins Road

CONSULTANT TEAM

Site

VICINITY MAP

IN-62 / Clifty Drive

CELLCO
PARTNERSHIP, d/b/a

Y
AR
IN
IM FOR ION
EL
PR NOT UCT
R
ST

N
CO

IN-2012
WS WEST
MADISON
CELL SITE

NORTH GOINS ROAD
MADISON, IN 47250

PROJECT INFORMATION,
LOCATION MAPS,
AND DRAWING INDEX

T-1

Page 49 of 103

Overall Site Plan w/ Aerial Overlay

Goins Road

CELLCO
PARTNERSHIP, d/b/a

Y
AR
IN
IM FOR ION
EL
PR OT UCT
N
TR
NS

IN-2012
WS WEST
MADISON
CELL SITE

NORTH GOINS ROAD
MADISON, IN 47250

OVERALL SITE PLAN
w/ AERIAL OVERLAY

C-1

Page 50 of 103

Overall Site Plan w/ Tower
Distances To Property Lines

Goins Road

CELLCO
PARTNERSHIP, d/b/a

Y
AR
IN
IM FOR ION
EL
PR OT UCT
N
TR
NS

IN-2012
WS WEST
MADISON
CELL SITE

NORTH GOINS ROAD
MADISON, IN 47250

OVERALL SITE PLAN
w/ TOWER DISTANCES
TO PROPERTY LINES

C-1A

Page 51 of 103

Goins Road

Overall Site Plan w/ Tower Leg Distances To Residential Structures

Clifty Drive

CELLCO
PARTNERSHIP, d/b/a

Y
AR
IN
IM FOR ION
EL
PR OT UCT
N
TR
NS

IN-2012
WS WEST
MADISON
CELL SITE

NORTH GOINS ROAD
MADISON, IN 47250

OVERALL SITE PLAN
w/ TOWER DISTANCES
TO RESIDENTIAL
STRUCTURES

C-1B

Page 52 of 103

Detailed Site Plan

Goins Road

Know what's below.

Call before you dig.
Call 811 or
1-800-382-5544
Toll Free

CELLCO
PARTNERSHIP, d/b/a

Y
AR
IN
IM FOR ION
EL
PR OT UCT
N
TR
NS

IN-2012
WS WEST
MADISON
CELL SITE

NORTH GOINS ROAD
MADISON, IN 47250

DETAILED SITE PLAN

C-2

Page 53 of 103

Dimensioned Site Plan

CELLCO
PARTNERSHIP, d/b/a

Y
AR
IN
IM FOR ION
EL
PR OT UCT
N
TR
NS

IN-2012
WS WEST
MADISON
CELL SITE

NORTH GOINS ROAD
MADISON, IN 47250

DIMENSIONED SITE PLAN

C-3

Page 54 of 103

Equipment Front Elevation

Equipment Rear Elevation

Generator Elevation

Equipment Right Elevation

CELLCO
PARTNERSHIP, d/b/a

Y
AR
IN
IM FOR ION
EL
PR OT UCT
N
TR
NS

IN-2012
WS WEST
MADISON
CELL SITE

NORTH GOINS ROAD
MADISON, IN 47250

VERIZON EQUIPMENT
PAD AND CANOPY
ELEVATIONS

D-1

Page 55 of 103

Tower Elevation

General Notes

Coax Base Plan

CELLCO
PARTNERSHIP, d/b/a

Y
AR
IN
IM FOR ION
EL
PR OT UCT
N
TR
NS

IN-2012
WS WEST
MADISON
CELL SITE

NORTH GOINS ROAD
MADISON, IN 47250

TOWER ELEVATION,
NOTES AND DETAILS

TE-1

Page 56 of 103

PROJECT BRIEF – BZCU-25-29
Application Date: December 18, 2025
Meeting Date: February 9, 2026
Application Description:
An application has been filed requesting conditional use approval for “476 Relay Towers & Transmitting
Stations (TV, Radio, & Telephone) to construct a new telecommunications tower.
Current Zoning: Residential Agricultural (RA)
Applicant: Fred Low

Project Location: 300+ N Goins Rd
Parcel ID (39-08-31-000-023.000-006)
Owner: Theresa Cardwell

Preliminary Staff Recommendation: Approval
Conditions:
Reasoning: The requested conditional use meets all of the standards outlined in the zoning ordinance.
The applicant has submitted site drawings reflecting these requirements, and submitted verification
form a professional engineer licensed in Indiana that, if there is failure, the fall zone for the tower is a 50
foot radius. Additionally, the applicant revised and reduced the overall height of the tower after
discussions with adjoining property owners in order to reduce any potential impacts.

History, Relevant Information, & Prior Approvals:
History: There is no known history for this property.
Relevant Information: The applicant is proposing to construct a 195-foot self-supported communications
tower. The applicant originally requested to construct a 250-foot tower; however, after discussions with
neighboring property owners, revised the request to a height of 195 feet. At the proposed height of 195
feet, the FAA does not require lighting or marking for aviation safety, which will reduce some of the
potential impacts on properties in the vicinity. The proposed tower will be located in a 100 ft x 100 ft
leased area, and within that the structure and necessary equipment will be secured in a six-foot fence
with three strand barbed wire on top.
The applicant originally filed application on a parcel adjacent to the subject property as the subject
property does not have an existing/current address. The correct parcel is approximately 40.8 acres.
Prior Approvals: There is no known prior approvals for this property.

812-265-8324

101 W. Main Street Madison, IN 47250

madison-in.gov

Page 57 of 103

Surrounding Zoning and Land Use:
North: Residential Agricultural (RA)
Heavy Manufacturing (M-2)
South: Residential Agricultural (RA)
East: Residential Agricultural (RA)
West: General Business (GB)
Light Manufacturing (M-1)

M-2

M-1

Comprehensive Plan, Ordinances, &
Finding of Fact
Comprehensive Plan:

AGRICULTURE/RURAL RESIDENTIAL (Page 74-78)
RA
The Agricultural/Rural Residential land use
designation generally occurs outside of the
incorporated boundaries but within the two-mile fringe. The designation implies traditional farming practices
such as crop production, livestock, agricultural production, and storage centers such as grain elevators);
agricultural research; stables; wineries, and other natural and food production related activities. This also
includes Rural Residential development. Activities characterized as agritourism (farm trails, farmers’ markets,
and roadside stands) may occur here. Development in this area will likely not be connected to municipal water
or sanitary sewer. Development other than agriculture or associated rural residential should not be
encouraged to minimize potential conflicts.
Ordinance:
SECTION 6.11 RESIDENTIAL AGRICULTURAL (RA) (pg. 39)
SECTION 6.11-C-4 VARIOUS PUBLIC AND QUASI PUBLIC UTILITIES (pg. 42)
a. No structure shall be placed within fifty (50) feet of any lot line.
b. All structures erected, placed, or moved specifically for the operation of the utility to which the
lot is devoted shall be completely surrounded or enclosed by a building or fence. A fence shall
be at least seven (7) feet high and in compliance with national safety codes governing such
construction.
c. No unsafe, uncomfortable, or offensive, vibrations, noises, visual effects, odors, or air pollutants
shall be allowed to radiate across lot lines.
d. Parking lots shall be placed behind or alongside the principal buildings and shall be screened
from the view of the surrounding dwelling units. Further, no parking area shall be located within
forty (40) feet of lot lines.
e. Further, this conditional use should not be allowed in this district if there are other less
restrictive districts that could furnish equivalent space with no additional economic expense to
the utility. This should be closely scrutinized by the Plan Commission for each request.
Finding of Fact:
Finding of Fact #1 - Do you agree this is in fact a conditional use as established under the provisions of Article
V and appears on the Official Schedule of Uses adopted by Section 7.00 for the zoning district involved?

Page 58 of 103

The applicant has provided
the following response:
Staff Response:

Yes. Section 6.11.C.4 lists Various Public and Quasi-Public Utilities
as a Conditional Use (Section 7.00 - 476)
Yes. Staff agrees with the applicant that the requested use “476
Relay Towers & Transmitting Stations (TV, Radio, & Telephone)” is
considered a conditional use in the RA zoning district.

Finding #1 has been satisfied.
Finding of Fact #2 - Do you agree this will be harmonious with and in accordance with the general objectives,
or with any specific objectives of the City’s Comprehensive Plan and/or the Zoning Ordinance?
The applicant has provided
Yes. The One Madison Comprehensive Plan confirms multiple
the following response:
wireless cellular coverage is good within the corporate boundary,
but drops off sharply as you exit the extra-territorial jurisdiction
(page 118 Data Networks). The proposed facility would help to
address that issue in coverage. The proposed facility would also
improve wireless access points in the are as indicated in Goal 3 of
the Infrastructure and Public Services Section indicating the goal to
continue to establish wireless access points throughout the city
(page 128 Enhance public infrastructure to promote
investment/reinvestment). Additionally the site design meets the
ordinance requirements listed in Section 6.11.C.4.
Staff Response:
Yes. The comprehensive plan outlines recommendations to secure
high-speed internet access throughout Madison (Infrastructure &
Public Services Goal 1, Recommendation 1), improving digital Wi-Fi
coverage (Economic Development Goal 2 Recommendation 3).
Finding #2 has been satisfied.
Finding of Fact #3 - Do you agree this will be designed, constructed, and maintained so as to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity and that such use
will not change the essential character of the same area?
The applicant has provided
Yes. As the proposed facility is designed to operate unmanned, the
the following response:
essential character of the general vicinity will not be impacted at a
significant level. The facility operation will not significantly impact
traffic flow and the facility does not produce odor or noise that
would affect the surroundings. Regularly scheduled maintenance
will be conducted in accordance with industry standards.
Staff Response:
Yes. The submitted site plans meet all the standards outlined in
Section 6.11-C-4. The center of the proposed tower is 82 feet from
the nearest (south) property line (min. 50 ft). The fencing is
approximately 50 feet from the nearest (south) property line. The
proposed chain-link fencing will be 6 feet in height with 3 strand
barbed wire on top (min. 7 ft). The proposed turn-around for
parking is in line with the fencing (min. 40 ft).
Finding #3 has been satisfied.

Page 59 of 103

Finding of Fact #4 - Do you agree this will not be hazardous or disturbing to existing or future neighboring
uses?
The applicant has provided
Yes. The proposed tower will be specifically designed to have a fall
the following response:
radius within the subject parcel (see stamped design letter dated
10/31/25 defining fall radius equal to 50 ft). Additionally the site is
to be unmanned with limited traffic (approximately 1 vehicle per
month post construction), does not produce odor nor loud noise
during operation. Also, the proposed tower will not be required to
be lighted per the FAA (see attached FAA Determination of No
Hazard – Study No. 2025-AGL-13926-OE)
Staff Response:
Yes. The proposed site plan meets all the standards outlined in
Section 6.11-C-4. Staff will defer to the professional determination
from the submitted materials.
Finding #4 has been satisfied.
Finding of Fact #5 - Do you agree this will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structure, refuse disposal, water and sewer, and
schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services?
The applicant has provided
Yes. Utilities required by the facility are power and fiber. Power
the following response:
source is readily available within ROW near the site. The facility
owner will be responsible for costs associated with power and fiber
installation. Traffic post construction is estimated at 1 vehicle per
month and will not significantly increase demand on existing
roadway. No water, sewer service nor refuse disposal is required
for operation of the facility.
Staff Response:
Yes. Staff agrees with applicant finding.
Finding #5 has been satisfied.
Finding of Fact #6 - Do you agree this will not create excessive requirements at public expense for public
facilities and services and will not be detrimental to the economic welfare of the community?
The applicant has provided
Yes. The proposed facility does not produce demand on public
the following response:
services. Installation of all utilities required at the facilities are
funded by the facility owner. The facility will be a benefit to the
economic welfare of the community by improved accessibility of
wireless voice and data transmission.
Staff Response:
Yes. The proposed use should create a negligible increase onto
public facilities and services. There is no sewer or water needed
and no commercial traffic is expected onto the site post
construction.
Finding #6 has been satisfied.

Page 60 of 103

Page 61 of 103

APPLICATION PACKET:
BZCU-26-1
Angela Koehler/Marc and Angela Koehler
Conditional Use Approval for “749 Other Recreation
(including Camping & Picnic Areas)” to construct and
operate a campground on a parcel that will include an
owner-occupied primary dwelling, two for short-term
rental structures, two low-impact glamping tents, six
primitive tent sites, and a small structure will provide
two bathrooms and showers for tent campers
Location:
2175 North K Rd (39-09-30-000-008.000-006); 2000 + N K
Rd (39-09-30-000-009.000-006); and 1000 + N Rykers
Ridge Rd (39-09-30-000-011.000-006)
Zoned RA

Page 62 of 103

1/23/26, 11:12 AM

Conditional Use Permit

BZCU-26-1
Submitted On: Jan 11, 2026

about:blank

Primary Location

Applicant
Angela Koehler
317-421-9131
[email protected]

2175 N K RD
MADISON, IN 47250

General Information
Are you the property owner?

Yes

Permit Information
Type of Application

Zoning Classification

Initial Application

Residential Agricultural District (R-A)

Legal Description of Property

ber 39-09-30-000-008.000-006
Description of Existing Use

short term rental
Description of Proposed Use

The proposed conditional use spans three contiguous parcels under common ownership and will be developed as a single,
cohesive property that includes an owner-occupied primary residence, two traditionally constructed short-term rental homes, two
low-impact glamping tents, and six primitive tent sites, all designed to preserve the rural and scenic character of the land. The
development is intentionally low-density and phased, with overnight use limited to registered guests only, no large gatherings or
events, and on-site owner management to ensure quiet operations and property oversight. A small pole barn structure will provide
two bathrooms and showers solely for registered overnight guests as a sanitation support facility for the limited tent
accommodations and is not intended for public access or commercial campground use. Access to the property will be controlled
through gated entry for registered guests and owners only, resulting in minimal traffic levels comparable to low-density residential
use and full compliance with all applicable local and state regulations.
Proposed Schedule of Uses Category #

agritourism

Yes. The proposed use is a conditional use as provided for under Article V and is identified within the Official Schedule of District
Regulations for the applicable zoning district, subject to approval through the conditional use process.
Will this use be harmonious with and in accordance with the general objectives, or with any specific objective of the City's
Comprehensive Plan and/or the Zoning Ordinance?

Yes. The proposed use is harmonious with and consistent with the objectives of the City’s Comprehensive Plan and Zoning
Ordinance by promoting low-density, rural-appropriate development that preserves open space, scenic character, and existing
natural features. The use supports responsible land stewardship through limited, owner-managed lodging that complements
residential and rural land uses while minimizing traffic, noise, and infrastructure impacts. The proposal aligns with the intent of
conditional uses by allowing a carefully controlled use that is compatible with surrounding properties and consistent with the longterm planning goals for the area.
about:blank

1/3

Page 63 of 103

1/23/26, 11:12 AM

about:blank

Will this use be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity and that such use will not change the essential character of the same area?

Yes. The proposed use will be designed, constructed, operated, and maintained to remain harmonious with the existing rural and
residential character of the surrounding area. Structures will be modest in scale, thoughtfully sited, and designed to blend with the
natural landscape, with preservation of open space, wooded areas, and scenic features prioritized. Operations will be ownermanaged and intentionally low-intensity, with limited overnight occupancy, controlled access, and no large gatherings or events. As
a result, the use will not alter the essential character of the area and will function in a manner consistent with low-density residential
and rural land uses.
Will this use not be hazardous or disturbing for existing or future neighboring uses?

Yes. The proposed use will not be hazardous or disturbing to existing or future neighboring uses. The development is intentionally
low-density and owner-managed, with limited overnight occupancy, gated access for registered guests only, and no large
gatherings, events, or amplified outdoor activities. Traffic volumes will be minimal and comparable to low-density residential use,
and lighting will be limited and designed to preserve dark-sky conditions. The use will operate quietly and predictably, with on-site
oversight to ensure compatibility with surrounding properties and to prevent nuisance conditions.
The proposed use will be adequately served by existing public facilities and services. Access to the property will be limited to
standard passenger vehicles only; the use does not include RVs, campers, buses, or commercial traffic. Guest volume is
intentionally low and dispersed, resulting in minimal traffic impact comparable to a small number of residential dwellings. No road
improvements or traffic control measures are required, and the use will not interfere with surrounding agricultural operations or farm
equipment. Police and fire protection are available through existing county services, and emergency access will be maintained at all
times. On-site water and sanitary facilities will be provided in compliance with local and state requirements, and refuse will be
managed through scheduled private service. The proposed use will not place demand on local schools or other public services
beyond typical residential impact.
Will this use be served adequately by essential public facilities and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the
establishment of the proposed use shall be able to provide adequately any such services?

Yes. The proposed use will be adequately served by existing public facilities and services. Access will be limited to standard
passenger vehicles only. Police and fire protection are provided through existing county services. Water service will be provided via
a permitted on-site well, with a cistern tank maintained as a supplemental backup supply. The project will connect to the public
sanitary sewer system. Existing drainage patterns will be maintained. Refuse will be handled through scheduled private service.
The proposed use will not create demand for local schools beyond typical residential use.

Yes. The proposed use will not create excessive additional requirements at public expense for public facilities or services. All
necessary infrastructure, including on-site water supply, connection to the public sanitary sewer system, drainage, and refuse
service, will be privately provided and maintained. The low-intensity nature of the use will not require roadway improvements or
expanded public services. The proposed use is compatible with surrounding rural and residential uses and is expected to have a
neutral to positive impact on the local economy through modest visitor spending without placing additional burden on public
resources.
Will this use not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to
any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors?

Yes. The proposed use will not involve activities or conditions of operation that are detrimental to persons, property, or the general
welfare. The use is low-intensity in nature and will not generate excessive traffic, noise, smoke, fumes, glare, or odors. Guest
access will be limited to standard passenger vehicles only, with no commercial or heavy vehicle traffic. Operations will be quiet,
primarily evening and overnight in nature, and consistent with surrounding rural and residential uses.
Will this use have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on
surrounding public thoroughfares?
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Yes. Vehicular access to the property will utilize existing driveways and entrances designed for
standard passenger vehicles only. The low volume of traffic generated by the proposed use will not
interfere with traffic flow on surrounding public roads. No new access points, turn lanes, or roadway
modifications are required, and sight distances and emergency access will be maintained.
Will this use not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance?

Yes. The proposed use will not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance.
Development will be limited in scale and designed to work with existing topography and vegetation. Natural and scenic features of
the property will be preserved, and no known historic structures or features will be impacted by the proposed use.

Digital Signature

true

I certify that the information provided in this application is
true and accurate to the best of my ability and I understand
and agree to the Certified mail stipulations.

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PROJECT BRIEF – BZCU-26-1
Application Date: January 2, 2026
Meeting Date: February 9, 2026
Application Description:
An application has been filed for requesting conditional use approval for “749 Other Recreation
(including Camping & Picnic Areas)” to construct and operate a campground with multiple levels of
sleeping options. They are proposing to build and operate a Camping & Picnic Area.
Current Zoning: Residential Agricultural (RA)

Applicant: Angela Koehler

Project Location: 2175 North K Street (39-09-30000-008.000-006); 2000 + N K Rd (39-09-30-000009.000-006); and 1000 + N Rykers Ridge Rd (3909-30-000-011.000-006
Owner: Marc and Angela Koehler

Preliminary Staff Recommendation: Approve with Conditions
Conditions:
1. The applicant provides an adequate means of trash disposal.
2. The Fire Department and EMA shall review a detailed, dimension site plan and layout to ensure
adequate emergency accessibility is provided prior to building permits being issued.
3. The maximum occupancy of all sites, excluding the single-family house, shall not exceed 60
people.
4. The minimum setback shall be at least 25 feet from all property lines unless a greater setback is
required by the zoning ordinance. If the adjacent parcel is part of this application, it only need to
meet setbacks required by the zoning ordinance.
5. Storage of unoccupied temporary lodging structures, including RVs, is prohibited.
6. No additional campsites or lodging structures are permitted without BZA approval as an
amendment to this application.
Staff Comments:
1. The applicant is required to obtain all permits and approvals from any required board,
commission, and department prior to the construction of any structures on the subject parcels
affected by this application.
2. The applicant meets all standards set forth in the zoning ordinance, particularly the
requirements for this use outlined in Section 6.11-C-8-d.
3. A campground with 10 or more campsites is subject to the regulations established by state
standards per 410 IAC 6-7.1. If state approval is needed, the applicant must obtain that approval
prior to a building permit.
4. All sewage disposal is required to be approved prior to issuance of a building permit.

812-265-8324

101 W. Main Street Madison, IN 47250

madison-in.gov

Page 66 of 103

History, Relevant Information, & Prior Approvals:
History: There is no known history of the properties.
Relevant Information: The applicant provides the following: “The proposed conditional use spans three
contiguous parcels under common ownership and will be developed as a single, cohesive property that
includes an owner-occupied primary residence, two traditionally constructed short-term rental homes, two lowimpact glamping tents, and six primitive tent sites, all designed to preserve the rural and scenic character of the
land. The development is intentionally low-density and phased, with overnight use limited to registered guests
only, no large gatherings or events, and on-site owner management to ensure quiet operations and property
oversight. A small pole barn structure will provide two bathrooms and showers solely for registered overnight
guests as a sanitation support facility for the limited tent accommodations and is not intended for public
access or commercial campground use. Access to the property will be controlled through gated entry for
registered guests and owners only, resulting in minimal traffic levels comparable to low-density residential use
and full compliance with all applicable local and state regulations.”
The applicant’s request, while requesting to operate “short-term rentals”, is being described more as
campground/camping area than a short-term rental. The proposed conditional use “749 Other
Recreation (including Camping & Picnic Areas)”, is defined in the existing zoning ordinance as:
“Camp, Public – Any area or tract of land used or designed to accommodate two (2) or more automobile
house trailers, recreational vehicles, mobile manufactured homes or two (2) or more camping parties, including
cabins, tents, or other camping outfits.”
Based upon the applicant’s description of proposed activities and discussions with the applicant, staff
determines this is the best land use description of the proposed use.
Prior Approvals: There are no known prior approvals for the properties.

Surrounding Zoning and Land Use:
North: Residential Agricultural (RA)
South: Residential Agricultural (RA)
East: Residential Agricultural (RA)
West: Residential Agricultural (RA)*

*There are portions of the subject and adjacent
parcels that are showing a zoning of the Hillside
District (HS).

Page 67 of 103

Comprehensive Plan, Ordinances, & Finding of Fact
Comprehensive Plan:
AGRICULTURE/RURAL RESIDENTIAL (Page 74-78)
The Agricultural/Rural Residential land use designation generally occurs outside of the incorporated
boundaries but within the two-mile fringe. The designation implies traditional farming practices such as crop
production, livestock, agricultural production, and storage centers such as grain elevators); agricultural
research; stables; wineries, and other natural and food production related activities. This also includes Rural
Residential development. Activities characterized as agritourism (farm trails, farmers’ markets, and roadside
stands) may occur here. Development in this area will likely not be connected to municipal water or sanitary
sewer. Development other than agriculture or associated rural residential should not be encouraged to
minimize potential conflicts.
HILLSIDE (Page 74-78)
The hillside constitutes approximately 10% of the 17% of open space in the city. This land use is
characterized by steep hills, bluffs, and cliffs and is not considered developable. While this land
constitutes open space, it is not active so it is called out separately from the Park/Open Space/Cultural
Amenity designation above.
Ordinance:
SECTION 6.10 RESTRICTIONS – RESIDENTIAL DISTRICTS (pg 37)
SECTION 6.11RESIDENTIAL AGRICULTURAL (RA) (pg 39-44)
Section 6.11-C-8 (pg 44)
Cultural, Entertainment, Recreational Activities, and Farms (711, 712, 719, 724, 731, 739, 743, 744, 749,
751, 752, 769, 817, 821, 829, 831 832, 839)
Providing that the following restrictions are adhered to, and upon receiving approval from the Board of
Zoning Appeals, these uses may be permitted in this district:
a. No structure shall be placed within fifty (50) feet of any lot line.
b. Lighted areas shall be approved prior to development and shall be placed in such a way that they do
not infringe upon the rights of adjacent property owners. It is recommended that no light standard
be placed closer than seventy-five (75) feet from any adjacent property line.
c. Areas for parking shall not be closer than forty (40) feet from any lot line.
d. The structure(s) should be designed and landscaped so as not to destroy the continuity of the
district. Plans shall require Plan Commission approval prior to construction.
e. For adult entertainment uses, the provisions of City Ordinance Chapter 112 Sexually Oriented
Businesses, as amended, shall also be complied with.

Page 68 of 103

Staff Response:

Yes. The proposed use is a conditional use as provided for under
Article V and is identified within the Official Schedule of District
Regulations for the applicable zoning district, subject to approval
through the conditional use process.
Yes. The proposed use is considered “749 Other Recreation
(including Camping & Picnic Areas)” which is a conditional use in the
RA district.

Page 69 of 103

Finding of Fact #3 - Do you agree this will be designed, constructed, and maintained so as to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity and that such use
will not change the essential character of the same area?
The applicant has provided Yes. The proposed use will be designed, constructed, operated, and
the following response:
maintained to remain harmonious with the existing rural and
residential character of the surrounding area. Structures will be
modest in scale, thoughtfully sited, and designed to blend with the
natural landscape, with preservation of open space, wooded areas,
and scenic features prioritized. Operations will be owner-managed and
intentionally low-intensity, with limited overnight occupancy, controlled
access, and no large gatherings or events. As a result, the use will not
alter the essential character of the area and will function in a manner
consistent with low-density residential and rural land uses.
Staff Response:
Yes, based upon the applicant’s submitted drawing, it appears this is
satisfied. The submitted drawings are not scaled but looking at the
drawing and an aerial image of the properties, it appears that the
proposed use should be obscured by existing vegetation on the
property. The proposed use should not have a large impact due to the
limited scope of the operation.
Finding #3 has been satisfied.
Finding of Fact #4 - Do you agree this will not be hazardous or disturbing to existing or future neighboring
uses?
The applicant has provided Yes. The proposed use will not be hazardous or disturbing to existing
the following response:
or future neighboring uses. The development is intentionally lowdensity and owner-managed, with limited overnight occupancy, gated
access for registered guests only, and no large gatherings, events, or
amplified outdoor activities. Traffic volumes will be minimal and
comparable to low-density residential use, and lighting will be limited
and designed to preserve dark-sky conditions. The use will operate
quietly and predictably, with on-site oversight to ensure compatibility
with surrounding properties and to prevent nuisance conditions.
The proposed use will be adequately served by existing public facilities
and services. Access to the property will be limited to standard
passenger vehicles only; the use does not include RVs, campers,
buses, or commercial traffic. Guest volume is intentionally low and
dispersed, resulting in minimal traffic impact comparable to a small
number of residential dwellings. No road improvements or traffic
control measures are required, and the use will not interfere with
surrounding agricultural operations or farm equipment. Police and fire
protection are available through existing county services, and
emergency access will be maintained at all times. On-site water and
sanitary facilities will be provided in compliance with local and state
requirements, and refuse will be managed through scheduled private
service. The proposed use will not place demand on local schools or
other public services beyond typical residential impact.

Page 70 of 103

Staff Response:

Yes. The zoning ordinance outlines requirements for this type of use in
6.11-C-8, which the applicant is required to be met. Aerial imagery
shows adequate spacing and vegetation to ensure adequate distance
from property lines to ensure that impacts to adjoining properties
align with the rural character of the surrounding area.

Finding #4 has been satisfied.
Finding of Fact #5 - Do you agree this will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structure, refuse disposal, water and sewer, and
schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services?
The applicant has provided
Yes. The proposed use will be adequately served by existing public
the following response:
facilities and services. Access will be limited to standard passenger
vehicles only. Police and fire protection are provided through
existing county services. Water service will be provided via a
permitted on-site well, with a cistern tank maintained as a
supplemental backup supply. The project will connect to the public
sanitary sewer system. Existing drainage patterns will be
maintained. Refuse will be handled through scheduled private
service. The proposed use will not create demand for local schools
beyond typical residential use.
Staff Response:
Yes. The applicant is proposing to provide toilets and showers for
guests in a structure on the property, exclusively for guest use. The
proposed use should not create an extraneous burden on public
facilities and services. The applicant did not provide information on
refuse disposal, which should be provided by the applicant in a
manner satisfactory to the board. The applicant states in Finding #4
that no RV’s will be served by this use.
Finding #5 has been satisfied with conditions.
Finding of Fact #6 - Do you agree this will not create excessive requirements at public expense for public
facilities and services and will not be detrimental to the economic welfare of the community?
The applicant has provided
Yes. The proposed use will not create excessive additional
the following response:
requirements at public expense for public facilities or services. All
necessary infrastructure, including on-site water supply, connection
to the public sanitary sewer system, drainage, and refuse service,
will be privately provided and maintained. The low-intensity nature
of the use will not require roadway improvements or expanded
public services. The proposed use is compatible with surrounding
rural and residential uses and is expected to have a neutral to
positive impact on the local economy through modest visitor
spending without placing additional burden on public resources.
Staff Response:
Yes. This should not add extra strain on public facilities and services
due to the size of the proposed use. The Fire Department and EMS
should review a detailed site plan to ensure accessibility for
emergency services.
Finding #6 has been satisfied with conditions.

Page 71 of 103

Finding of Fact #7 - Do you agree this will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors?
The applicant has provided
Yes. The proposed use will not involve activities or conditions of
the following response:
operation that are detrimental to persons, property, or the general
welfare. The use is low-intensity in nature and will not generate
excessive traffic, noise, smoke, fumes, glare, or odors. Guest access
will be limited to standard passenger vehicles only, with no
commercial or heavy vehicle traffic. Operations will be quiet,
primarily evening and overnight in nature, and consistent with
surrounding rural and residential uses.
Staff Response:
Yes. The initial construction phase may cause minor noise during
business hours. Once operational, negative impacts should be
minimal.
Finding #7 has been satisfied.
Finding of Fact #8 - Do you agree this will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public thoroughfares?
The applicant has provided
Yes. Vehicular access to the property will utilize existing driveways
the following response:
and entrances designed for standard passenger vehicles only. The
low volume of traffic generated by the proposed use will not
interfere with traffic flow on surrounding public roads. No new
access points, turn lanes, or roadway modifications are required,
and sight distances and emergency access will be maintained.
Staff Response:
Yes. The existing driveway should be adequate for the proposed
use due to the limited scope of the proposed use. The only concern
staff has is the location of the existing drive, which is in the middle
of a 90 degree turn.
Finding #8 has been satisfied.
Finding of Fact #9 - Do you agree this will not result in the destruction, loss or damage of natural, scenic, or
historic features of major importance?
The applicant has provided
Yes. The proposed use will not result in the destruction, loss, or
the following response:
damage of natural, scenic, or historic features of major importance.
Development will be limited in scale and designed to work with
existing topography and vegetation. Natural and scenic features of
the property will be preserved, and no known historic structures or
features will be impacted by the proposed use.
Staff Response:
Yes. It appears that the properties are heavily wooded, and the
proposed use should not impact the natural features of the
property or surrounding properties.
Finding #9 has been satisfied.

Page 72 of 103

APPLICATION PACKET:
BZCU-26-2
Kevin Mason & Electricom, Inc/Georgia Hall
Conditional Use Approval for “581 Tourist Home” to
operate a short term rental
Location:
506 Jefferson St (39-13-02-122-038.000-007)
Zoned HDR

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1/23/26, 11:20 AM

Conditional Use Permit

BZCU-26-2
Submitted On: Jan 12, 2026

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Primary Location

Applicant
Kevin Mason
8122163220
[email protected]

506 JEFFERSON ST
MADISON, IN 47250

General Information
Are you the property owner?

Yes

Permit Information
Type of Application

Zoning Classification

Initial Application

Historic District Residential (HDR)

Legal Description of Property

39-13-02-122-038.000-007
Description of Existing Use

Single Family Home
Description of Proposed Use

AirB&B/VRBO Short term rental, signed contract on purchase of property subject to approval of conditional use permit.
Proposed Schedule of Uses Category #

581 Tourist Home

Yes, the Property will be rented for short term use through AirB&B, VRBO or direct booking on our website.
Will this use be harmonious with and in accordance with the general objectives, or with any specific objective of the City's
Comprehensive Plan and/or the Zoning Ordinance?

Yes, we currently have 3 properties in French Lick that we operate as AirB&B/VRBO's. Our Host Lori Kendall is rated as a "super
host" with a 4.91 rating out of 5. She lives in French Lick and is available to deal with any issues that arise. Our rules restrict
rentals to a 2-night minimum, require the renter to be at least 25 years of age, limit the number of inhabitants, strictly enforce quiet
hours as not to disturb neighbors and restrict the use of the house from parties. For this property we would cater to couples and
families visiting to enjoy the shopping, restaurants and activities available in historic downtown Madison.
Will this use be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity and that such use will not change the essential character of the same area?

Yes, we have no plans to change or alter the outside appearance of the property.
Will this use not be hazardous or disturbing for existing or future neighboring uses?

Yes, we strictly enforce our rules as not to disturb or invade the privacy of the neighborhood.

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Will this use be served adequately by essential public facilities and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the
establishment of the proposed use shall be able to provide adequately any such services?

Yes, the proposed use would not impact current public facilities or services.

Yes, there will be no additional public expense associated with the proposed use and it should bring in additional tourism dollars to
the community.
Will this use not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to
any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors?

Yes, there will be no impact to the general weflare due to excessive traffic or noise.
Will this use have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on
surrounding public thoroughfares?

No, renters will use currently available street parking.
Will this use not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance?

Yes, the historic structure and appearance of the property will Be preserved.

Digital Signature

true

I certify that the information provided in this application is
true and accurate to the best of my ability and I understand
and agree to the Certified mail stipulations.

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Applicant Submittals

Page 76 of 103

PROJECT BRIEF – BZCU-26-2
Application Date: January 12, 2026
Meeting Date: February 9, 2026
Application Description:
An application has been filed requesting conditional use approval for “581 Tourist Home” to operate a
short-term rental.
Current Zoning: Historic District Residential (HDR)
Applicant: Kevin Mason

Project Location: 506 Jefferson St
Owner: Electricom, Inc.

Preliminary Staff Recommendation: Approve with Conditions
Conditions:
1.

Coordinate with the HDBR and building department prior to installation of the concrete
driveway.

Reasoning:
The proposed use is similar in impact to the area as a residential use of the existing structure. No
additions, expansions, or alterations are proposed, and the applicant is proposing to add additional offstreet parking at the rear of the property, further reducing the impact on surrounding properties, and
minimizing the impact on the character of the area.

History, Relevant Information, & Prior Approvals:
History: There is no known history of the property.
Relevant Information: The applicant stated in their application that the description of the proposed use,
“AirB&B/VRBO Short term rental, signed contract on purchase of property subject to approval of conditional
use permit.”
The subject property is located within the historic district. The applicant is not proposing any alteration
or expansion of the exterior of the property, therefore does not require HDBR approval for the
proposed use. The applicant is proposing to add a concrete driveway from the rear alley for additional
parking.
Prior Approvals: There are no known prior approvals for this property.

812-265-8324

101 W. Main Street Madison, IN 47250

madison-in.gov

Page 77 of 103

Surrounding Zoning and Land Use:
North: Historic District Residential (HDR)
South: Light Industry(M-1)
East: Historic District Residential (HDR)
West: Historic District Residential (HDR)
General Business (GB)

HDR

Comprehensive Plan, Ordinances, & Finding of
Fact

Comprehensive Plan:
NEIGHBORHOOD MIXED-USE (Page 74-78)
CBD
Neighborhood Mixed-Use refers to traditional
neighborhoods with a historic development
pattern such as those in the southern section of
Madison generally between the bluff and the Ohio River. It is primarily a mix of single and two-family homes
and small multifamily buildings with minimal setback from the street. This land use also includes some mixeduse commercial/residential properties. Some are on alleys with rear-loaded garages and in some cases only onstreet parking, but typically these homes do not have front-loading garages unless at the rear of the lot. This
designation surrounds the core around Main Street and much lies within the Historic District. There is a
continuous network of blocks connected by streets and sidewalks that lead to parks, the central business and
civic area. Vacant lots should be redeveloped with compatible infill that reflects the desired character of the
neighborhood. This designation can also serve as a transition between lower density residential and
commercial or business activities. Development should be connected to City utilities and public services.
Ordinance:
SECTION 6.15-C-1 – HISTORIC DISTRICT RESIDENTIAL (HDR) (Page 63-67)
All Conditional Uses permitted in the Official Schedule of Uses shall conform to the General Restrictions. In
addition, the following restrictions, as appropriate, shall be observes:
1. Rooming and Boarding Houses, Fraternity, Sorority Houses, Residence Halls and Dormitories, Apartments,
Condominiums and Tourist Homes (110, 111, 121, 122, 124, and 130, )
a) For all apartments adjacent to single family structures side and back yards must be 20 feet.
b) Parking lots shall be placed behind or alongside the principal building and shall be screened from the
view of the surrounding dwelling units. Further, no parking area shall be located within fifteen (15) feet
of surrounding dwelling units.
c) Necessary lighting should not adversely affect any adjacent property. Such devices should be approved
by the Plan Commission prior to installation.

Page 78 of 103

Yes, the Property will be rented for short term use through AirB&B,
VRBO or direct booking on our website.
Yes, the proposed use “581 Tourist Home” is the listed use staff has
used for short-term rentals. This is a valid conditional use in Section
7.00.

Finding #1 has been satisfied.
Finding of Fact #2 - Do you agree this will be harmonious with and in accordance with the general objectives,
or with any specific objectives of the City’s Comprehensive Plan and/or the Zoning Ordinance?
The applicant has provided
Yes, we currently have 3 properties in French Lick that we operate
the following response:
as AirB&B/VRBO's. Our Host Lori Kendall is rated as a "super host"
with a 4.91 rating out of 5. She lives in French Lick and is available
to deal with any issues that arise. Our rules restrict rentals to a 2night minimum, require the renter to be at least 25 years of age,
limit the number of inhabitants, strictly enforce quiet hours as not
to disturb neighbors and restrict the use of the house from parties.
For this property we would cater to couples and families visiting to
enjoy the shopping, restaurants and activities available in historic
downtown Madison.
Staff Response:
Yes. The proposed use will not have any greater impact on
surrounding properties that a residential dwelling would create.
The applicant’s submitted plans show compliance with Section 6.15.
Finding #2 has been satisfied.
Finding of Fact #3 - Do you agree this will be designed, constructed, and maintained so as to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity and that such use
will not change the essential character of the same area?
The applicant has provided
Yes, we have no plans to change or alter the outside appearance of
the following response:
the property.
Staff Response:
Yes. If applicant decides to expand or alter the exterior of the
property, they shall meet the requirements of the zoning ordinance
and the HDBR.
Finding #3 has been satisfied.
Finding of Fact #4 - Do you agree this will not be hazardous or disturbing to existing or future neighboring
uses?
The applicant has provided
Yes, we strictly enforce our rules as not to disturb or invade the
the following response:
privacy of the neighborhood.
Staff Response:
Yes. This proposed use should not create any hazardous or
disturbing uses for adjoining properties, as it is similar to a
residential use.
Finding #4 has been satisfied.

Page 79 of 103

Finding of Fact #5 - Do you agree this will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structure, refuse disposal, water and sewer, and
schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services?
The applicant has provided
Yes, the proposed use would not impact current public facilities or
the following response:
services
Staff Response:
Yes. This is proposed to use an existing structure that is already
served by existing facilities and services, and the proposed use
should not increase the demand for these services and facilities.
Finding #5 has been satisfied.
Finding of Fact #6 - Do you agree this will not create excessive requirements at public expense for public
facilities and services and will not be detrimental to the economic welfare of the community?
The applicant has provided
Yes, there will be no additional public expense associated with the
the following response:
proposed use and it should bring in additional tourism dollars to
the community.
Staff Response:
Yes. The proposed use is similar to a residential use; however, there
will be times when the dwelling is not used or rented, therefore
being less impactful on the services and facilities.
Finding #6 has been satisfied.
Finding of Fact #7 - Do you agree this will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors?
The applicant has provided
Yes, there will be no impact to the general welfare due to excessive
the following response:
traffic or noise.
Staff Response:
Yes. The proposed use is a low impact use, that will be managed
locally by the applicant.
Finding #7 has been satisfied.
Finding of Fact #8 - Do you agree this will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public thoroughfares?
The applicant has provided
No, renters will use currently available street parking.
the following response:
Staff Response:
Yes. On-street parking is available for the proposed use. The
impacts on this will be similar to a residential use. Additionally, the
applicant is proposing to add a concrete driveway off the rear alley
for additional parking.
Finding #8 has been satisfied with conditions.
Finding of Fact #9 - Do you agree this will not result in the destruction, loss or damage of natural, scenic, or
historic features of major importance?
The applicant has provided
Yes, the historic structure and appearance of the property will Be
the following response:
preserved.
Staff Response:
Yes. There are no proposed alterations or expansions to the
exterior of the structure proposed.
Finding #9 has been satisfied.

Page 80 of 103

APPLICATION PACKET:
BZVD-25-18
Charles Webb/Tanner and Anny Little
Variance from Development Standards for a zero foot
setback on both side yards for an accessory building
Location:
520 West St (39-13-02-211-024.000-007)
Zoned CBD

Page 81 of 103

1/23/26, 11:14 AM

Application for Variance from
Development Standards

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Primary Location

Applicant

BZVD-25-18

Charles Webb
502-558-2789
[email protected]

520 WEST ST
MADISON, IN 47250

Submitted On: Dec 30, 2025

General Information
Are you the property owner?

Property Owner Information
Property Owner Name

Mailing Street Address

Tanner Little

520 West Steet

City

State

Madison

Zip Code

Phone Number

47250

765-524-8167

[email protected]

Permit Information
Address and/or Legal Description of Property

Home Residence
Zoning Classification

CBD
Description of Existing Use

Home Residence
Description of Proposed Use

Home residence, just trying to add indoor parking in the rear
List sections of the Zoning Ordinance for which a variance is requested

Section 5.40 and 6.21 in the Madison Zoning Ordinance
Describe why a variance is requested

Property is only 21' wide, makes it very difficult to have a garage that allows two cars parked side by side.
Is this application requesting a variance from setbacks?

Yes

Variance from Setback Request
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1/23/26, 11:14 AM

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Current North Lot Line (Ft)

Current East Lot Line (Ft)

Current South Lot Line (Ft)

Current West Lot Line (Ft)

Requested North Lot Line (Ft)

Requested East Lot Line (Ft)

Requested South Lot Line (Ft)

Requested West Lot Line (Ft)

Narrative
Will this variance be injurious to the public health, safety, morals, and general welfare of the community?

No, a parking lot resides to the north and a resident that is willing to put in writing they are fine with the variance to the south.
Will the use and value of the area adjacent to the property included in the variance be affected in a substantially adverse manner?

It will improve value and curb appeal of both properties beside the address in this application.
Will the strict application of the terms of the zoning ordinance result in practical difficulties in the use of the property?

Digital Signature

true

I certify that the information provided in this application is
true and accurate to the best of my ability and I understand
and agree to the Certified mail stipulations.

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Page 83 of 103

Tanner Little
Charlie Webb

WG Construction LLC

Building Permit
Build a pole barn style garage

520 West Street

Madison, IN 47250

Page 84 of 103

Proposed Site Plan for Tanner Little Building

Blue-Proposed Building Red-Removed Fence Length of Lot: 168’
Width of Lot: 21’ Garage Door will be 21’ from center of alley

Page 85 of 103

Job: Tanner Little Option A
Date: 12/26/2025
Time: 3:20 PM

Wall Layout

1' 4 1/2"

48'

EXT-2
Custom Overhead
8'w x 8' 6"h

21'

EXT-4

2' 2"

21'x48'

21'

Custom Overhead
8'w x 8' 6"h

EXT-1

36" Ag. Door BLACK
99E Series Universal
Swing

1' 5 1/2"

EXT-3

48'
9' 9 1/4"

38' 2 3/4"
48'

Page 86 of 103

Job: Tanner Little Option A
Date: 12/26/2025
Time: 3:20 PM

Front Elevation

4/12

Custom Overhead
8'w x 8' 6"h

10' 7 5/8"

3' 10"

4/12

Page 87 of 103

Right Elevation

36" Ag. Door BLACK
99E Series Universal
Swing

Job: Tanner Little Option A
Date: 12/26/2025
Time: 3:20 PM

Page 88 of 103

PROJECT BRIEF – BZVD-25-18
Application Date: December 30, 2025
Meeting Date: February 9, 2026
Application Description:
An application has been filed requesting a variance from the development standards for the side
setbacks for an accessory building. The request is for zero (0) foot setback on both sides.
Current Zoning: Central Business District (CBD)
Applicant: Charles Webb

Project Location: 520 West St
Owner: Tanner and Anna Little

Preliminary Staff Recommendation: Approval with Conditions
Conditions:
1.

Prior to approval of a building permit, the applicant shall verify that the structure can be located
on their property without any portions of the structure (including the eaves) projecting beyond
their property line. See highlighted comments below.

History, Relevant Information, & Prior Approvals:
History: The only known history of this property is a building permit (BP-25-164) was filed on December
16, 2025 for this property, and its status is pending the decision of this Board.
Relevant Information: The applicant states that the request is for the construction of a detached garage
at the rear of the parcel. It is unknown what type of exterior material the applicant is proposing to use.
Note that any construction would require compliance and approval by the Historic District.
The applicants request presents a practical difficulty as his request for zero (0) foot side setbacks does
not currently meet the standards set forth in Section 6.21 of the existing ordinance, but does meet the
standards for the CBD district for accessory structure side setbacks in the new proposed UDO that is
currently in the adoption process. This property also is located in a part of the city with a historical
development pattern that builds up to the property line; the front of the house’s porch abuts the
sidewalk. Staff strongly recommends conducting a survey prior to construction if the applicant has not yet
done so. When building up to property lines, it is imperative to know exactly where your property lines are.
The applicant submitted drawings for a 21ft x 48 ft (1,008 sq ft) detached garage that measures
10’ 7 5/8” to the low eave, and measures 14’ 5 5/8” to the top of the gable. The garage is proposed to be
21 ft to the center of the alley, which is approximately 5.5 feet from the rear property line. The provided
drawings show the building footprint to be 21 ft wide, which is the width of the property shown on the

812-265-8324

101 W. Main Street Madison, IN 47250

madison-in.gov

Page 89 of 103

property card from the County Assessor; however, the eaves overhang the footprint of the building by
approximately one foot on each side of the structure.
Prior Approvals: There are no known prior approvals for this property.

Surrounding Zoning and Land Use:
North: Central Business District (CBD)
South: Central Business District (CBD)
East: Historic Residential District (HDR)
West: Central Business District (CBD)
Historic District Residential (HDR)

Comprehensive Plan, Ordinances, & Finding of Fact
Comprehensive Plan:
NEIGHBORHOOD MIXED-USE (Page 74-78)
Neighborhood Mixed-Use refers to traditional
neighborhoods with a historic development pattern
such as those in the southern section of Madison
generally between the bluff and the Ohio River. It is
primarily a mix of single and two-family homes and
CBD
CBD
small multifamily buildings with minimal setback
from the street. This land use also includes some
mixed-use commercial/residential properties. Some
are on alleys with rear-loaded garages and in some
CBD
cases only on-street parking, but typically these
homes do not have front-loading garages unless at
HDR
the rear of the lot. This designation surrounds the
core around Main Street and much lies within the
Historic District. There is a continuous network of
blocks connected by streets and sidewalks that lead to
parks, the central business and civic area. Vacant lots
should be redeveloped with compatible infill that reflects the desired character of the neighborhood. This
designation can also serve as a transition between lower density residential and commercial or business
activities. Development should be connected to City utilities and public services.

HDR

Page 90 of 103

Ordinance:
SECTION 6.21 CENTRAL BUSINESS DISTRICT (pg 78)
A. General Restrictions
1. Floor Area Ratio – No restriction
2. Lot Area – No restrictions
3. Lot Width – No restriction
4. Side Yard and Rear Yard Setback – Minimum of three feet
5. Height Restriction – 45 feet

Finding of Fact:
Finding of Fact #1 - Will approval of this application will be injurious to the public health, safety, morals, and
general welfare of the community?
The applicant has provided
No, a parking lot resides to the north and a resident that is willing to
the following response:
put in writing they are fine with the variance to the south..
Staff Response:
No. The proposed request is to provide off-street parking from an
alley for a personal residence. The proposed accessory structure
compliments the existing historic development pattern of the area.
Finding #1 has been satisfied.
Finding of Fact #2 - Will the use and value of the area adjacent to the property included in the variance will be
affected in a substantially adverse manner?
The applicant has provided
It will improve value and curb appeal of both properties beside the
the following response:
address in this application.
Staff Response:
No. The proposed request is very similar to the area. There are at
least four properties with detached garages accessed by an alley
within one block in either direction from the subject property.
Finding #2 has been satisfied with conditions.
Finding of Fact #3 - The strict application of the terms of the Zoning Ordinance will result in practical
difficulties in the use of the property.
The applicant has provided
No.
the following response:
Staff Response:
Yes. The proposed request comes at a unique time where there is
need for a slight variance from the existing standard, but the request
comes at a time where a new ordinance is going through the
adoption process, and in that ordinance the proposed structure
would be permitted without variances needed.
Finding #3 has been satisfied.

Page 91 of 103

APPLICATION PACKET:
BZVD-26-1
Robert Stilwell
Variance from Development Standards for a 4 ft x 12 ft
sign in a residential district
Location:
720 S Deer Bed Dr (39-13-06-300-041.000-002)
Zoned R-4

Page 92 of 103

1/23/26, 11:15 AM

Application for Variance from
Development Standards

about:blank

Primary Location

Applicant

BZVD-26-1

Robert Stilwell
216-630-8897
[email protected]

720 S DEER BEND DR
HANOVER, IN 47243

Submitted On: Jan 19, 2026

Property Owner Information
Property Owner Name

Mailing Street Address

Stilwell Robert S & Julie

720 DEER BEND DR

City

State

HANOVER

Zip Code

Phone Number

47243

2166308897

[email protected]

Permit Information
Address and/or Legal Description of Property

Residence
Zoning Classification

R4
Description of Existing Use

Single residence with attached pergola in front yard

Description of Proposed Use

R4
List sections of the Zoning Ordinance for which a variance is requested

See attachment

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Describe why a variance is requested

See attachment
Is this application requesting a variance from setbacks?

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Page 94 of 103

PROJECT BRIEF – BZVD-26-1
Application Date: December 2, 2025
Meeting Date: February 9, 2026
Application Description:
An application has been filed requesting a variance from the development standards Section 6.10-A-2-c
for maximum sign size.
Current Zoning: Low Density Residential (R-4)
Applicant: Robert Stillwell

Project Location: 720 Deer Bend Dr, Hanover
Owner: Robert S and Julie Stillwell

Preliminary Staff Recommendation: Denial
Reasoning: Based on the information provided, the applicant has not demonstrated a hardship that the
ordinance has created or placed on this residential property.

History, Relevant Information, & Prior Approvals:
History: A violation was issued in 2025 for the sign, and this application is a result of that violation.
Relevant Information:
The applicant has affixed a 4ft x 8ft sign to a pergola in the front yard of the subject property. Originally,
the sign had lights illuminating it at night; however, the applicant states they removed the lights once
they received a notice of violation from Staff. The sign has been up since approximately August 2025.
The applicant originally submitted an application for a use variance, which after working with staff
updated to the correct application. Some of the information originally submitted for their findings align
with standards required for use variances, not development standard variances. Their submitted
findings will be included at the end of this staff report.
A street view image shows a pergola in close proximity to the public right-of-way, and the pergola
appears to be approximately 10 feet in height from grade. The applicant, in their submitted text, stated
the, “4 ft high x 12 ft long sign, is mounted on top of an existing pergola…” The height of the top of the sign
would be approximately 14 ft from grade, which is not permitted in the R-4 district.
Prior Approvals: There is no known prior approvals for this property.

812-265-8324

101 W. Main Street Madison, IN 47250

madison-in.gov

Page 95 of 103

Surrounding Zoning and Land Use:
North: Low Density Residential (R-4)
South: Low Density Residential (R-4)
East: Low Density Residential (R-4)
West: Low Density Residential (R-4)

R-4
R-4

Comprehensive Plan, Ordinances, &
Finding of Fact
Comprehensive Plan:
SUBURBAN RESIDENTIAL (Page 74-78)
R-4
Suburban Residential refers to neighborhoods
of single-family of low to moderate densities, as
R-4
well as attached, manufactured, and
multifamily developments. This category is
characterized by larger lot and housing
typically built after World War II. Suburban residential areas may also contain institutional uses such as civic,
religious, and educational facilities. New development should always be required to connect to existing
infrastructure and utility services. Residential neighborhoods should be connected by streets and sidewalks or
multi-use paths to schools and other compatible non-residential areas. Cul-de-sac streets, which do not
encourage connectivity, should be minimized.
Ordinance:
SECTION 6.10 RESTRICTIONS – RESIDENTIAL DISTRICTS (pg 37-39)
SECTION 6.10-A-2: Signs Intended to be seen outside lot lines (pg 38)
a. Non-illuminated business signs are permitted.
b. No sign shall project beyond a lot line, obstruct in any way a driver's vision of the road or hinder
his passage in any way. Further, no sign shall be placed so as to hinder or obstruct any
pedestrian path.
c. No sign, except for real estate signs, shall be larger than two (2) square feet per side. Real estate
signs shall not exceed eight (8) square feet, are permitted on a temporary basis and shall be
removed when the property is no longer for sale or rent.

Page 96 of 103

Finding of Fact:
Finding of Fact #1 - Will approval of this application will be injurious to the public health, safety, morals, and
general welfare of the community?
The applicant has
No. The sign is 4 ft high and 12 feet long, mounted on top of an existing
provided the
pergola on private/residential/commercial property. The lighting that was
following response:
previously on the sign has been permanently turned off since the day I
received the notice from zoning. In the four months the sign existed, there
have been no accidents, no driver-distraction complaints, and no safety
issues reported. It sits lower and farther bac from SR-56 than many other
existing business signs in Hanover.
Staff Response:
No. While signs are not inherently injurious to the public health, safety,
morals, or welfare, standards to maintain the character of an area are
important to uphold.
Finding #1 has been satisfied.
Finding of Fact #2 - Will the use and value of the area adjacent to the property included in the variance will be
affected in a substantially adverse manner?
The applicant has
No. The sign is clean and attractive and advertises a friend’s local small
provided the
business. Neighbors I have spoken with either like it or have no objection.
following response:
This stretch of SR-56 is already a mix of homes and small businesses; one
modest 4 x 13 sign with no illumination fits the character of the area and
supports local commerce.
Staff Response:
Yes. The sign in question is located in an R-4 district, and is mounted on a
pergola which is almost abutting the property line with the public right-of-way
along Deer Bend Dr. It is unknown whether the pergola was properly
permitted, or if it was constructed to meet the standards at the time of
construction. This sign height total is approximately 14 feet tall from grade,
which is taller and larger than any sign within 2,600 feet to the east (Dutch
Discount Market) and 3,900 feet to the west (Fast Pace Urgent Care). This
unpermitted sign is not residential in nature, does not meet the standards set
forth for the area on the future land use map of the comprehensive plan, and
does not meet the standards of the zoning ordinance.
Finding #2 has NOT been satisfied.
Finding of Fact #3 - The strict application of the terms of the Zoning Ordinance will result in practical
difficulties in the use of the property.
The applicant has
Yes. Strict enforcement would remove the only reasonable and affordable
provided the
location for my friend’s small local business to be visible to the thousands of
following response:
vehicles that pass daily on SR-56. A ground-level sign would be hidden by the
slope and trees, and a new pole sign would cost several thousand dollars that
a small business cannot afford.
Staff Response:
No. The strict application of the terms of this ordinance will not result in a
practical difficulty for the use of the property. The requested variance has no
bearing on the residential use of the property. The unpermitted sign is
advertising a business not located on the property; the use of the property
will remain residential whether the sign is on the property or not.
Finding #3 has NOT been satisfied.

Page 97 of 103

APPLICATION PACKET:
BZVU-26-1
Jason Anderson/GJTJJ Realty, LLC
Variance of Use for “110 Dwelling Unit” to build a 2family dwelling
Location:
435 Green Rd (39-08-27-113-072.000-007)
Zoned GB

Page 98 of 103

1/23/26, 11:13 AM

Application for Variance Of Use

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Primary Location

Applicant

BZVU-26-1
Submitted On: Jan 13, 2026

Jason Anderson
8127015389
[email protected]

435 GREEN RD
MADISON, IN 47250

Property Owner Information
Property Owner Name

Mailing Street Address

Jason Anderson

6412 W Interstate Block Rd

City

State

Madison

Zip Code

Phone Number

47250

812-701-5389

[email protected]

Permit Information
Address and/or Legal Description of Property

Single Family Home
Zoning Classification

GB
Description of Existing Use

House and barn are in very rough shape and will need extensive work to repair and make livable and usable again
Schedule of Use Category #

110
Description of Proposed Use

I am requesting a USE VARIANCE to allow me to demolish house and barn and build a new duplex on the lot. The current
home is run down and is an eye sore for the neighborhood. There is a church across the road and I would like to add a more
appealing 2 family duplex to add to the appearance of the lot and neighborhood.

Acknowledgement
Digital Signature

true

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Application for Variance from Subdivision
Regulations
Request to Remove Existing Structures and Construct a Duplex at 435
Green Rd, Madison

Applicant Information
Name: GJTJJ Realty, LLC
Address: 2914 Clifty Dr, Madison, IN 47250
Phone: (812)701-5389
Email: [email protected]
Date: 01/08/2026

Property Information
Property Address: 435 Green Rd, Madison
Parcel Number: 39-08-27-113-072.000-007

Request for Variance
I am writing to formally request a variance from the Subdivision Regulations for the
property located at 435 Green Rd, Madison. The property currently contains a single-family
house and a barn, both of which are in poor and deteriorating condition. After careful
evaluation, it has been determined that these structures are no longer suitable for
rehabilitation or continued use.

Proposed Plan
The intent is to remove the existing house and barn and replace them with a newly
constructed duplex. The proposed duplex will be built in accordance with all applicable
building codes and will enhance the overall appearance and utility of the property. The new
construction will provide modern, safe, and energy-efficient housing, contributing
positively to the community.

Page 100 of 103

Justiﬁcation for Variance
•
•
•
•

The current structures are older and unsightly.
Rehabilitation of the existing house and barn is not economically feasible due to
their poor condition.
Replacing the outdated structures with a duplex will improve property values and
neighborhood character.
The new duplex will comply with all other applicable zoning and building
requirements, except for the subdivision regulation from which a variance is being
sought.

Impact on Surrounding Area
The proposed duplex will be designed to ﬁt the character of the surrounding neighborhood.
Adequate parking, landscaping, and setbacks will be provided in accordance with local
requirements. The project aims to minimize disruption to neighbors and enhance the
aesthetic appeal of Green Rd.

Conclusion
I respectfully request that the variance be granted to allow the removal of the existing
house and barn and the construction of a new duplex at 435 Green Rd, Madison. I am
available to attend the next meeting of the Planning Commission or Board of Adjustment to
provide further information and answer any questions.
Thank you for your consideration.
Sincerely,
Jason Anderson
GJTJJ Realty, LLC

Page 101 of 103

PROJECT BRIEF – BZVU-26-1
Application Date: January 13, 2026
Meeting Date: February 9, 2026
Application Description:
An application has been filed requesting variance of use approval for “110 Dwelling Unit” to build a 2family dwelling.
Current Zoning: General Business (GB)
Applicant: Jason Anderson

Project Location: 435 Green Rd
Owner: GJTJJ Realty, LLC

Preliminary Staff Recommendation: Approval
Conditions: None
Reasoning:
The applicant is requesting to continue a use in an area zoned GB, which permits condos and
apartments by right. By definition, the proposed use is considered “110 dwelling unit”, but does function
in a similar manner to these permitted uses. This approval will allow the property to continue to be
utilized how it has historically been and simultaneously allows for the removal of an unsafe structure,
and the construction of two new dwelling units for the community.
Staff Comment: Note that setbacks in the GB district under the current zoning ordinance are set on a
case by case basis by the Plan Commission. However, the proposed UDO that is being considered
specifies setbacks for GB and this parcel would require a variance from those setbacks due to the size.

History, Relevant Information, & Prior Approvals:
History: There is a history of nuisance violations on the subject property. NUIV-25-277 was filed in July
2025 for “mowing & weed eating; trash & tire removal and disposal”. NUIV-25-373 was filed in October
2025 for “mowing & weed eating; trash removal”.
Relevant Information: The applicant states in their submitted materials, ”The property currently contains a
single-family house and a barn, both of which are in poor and deteriorating condition. After careful evaluation,
it has been determined that these structures are no longer suitable for rehabilitation or continued use.” The
applicant also states, “The intent is to remove the existing house and barn and replace them with a newly
constructed duplex. The proposed duplex will be built in accordance with all applicable building codes and will
enhance the overall appearance and utility of the property. The new construction will provide modern, safe,
and energy-efficient housing, contributing positively to the community.”

812-265-8324

101 W. Main Street Madison, IN 47250

madison-in.gov

Page 102 of 103

Regarding the impact on the surrounding areas, the applicant states, “The proposed duplex will be
designed to fit the character of the surrounding neighborhood. Adequate parking, landscaping, and setbacks
will be provided in accordance with local requirements. The project aims to minimize disruption to neighbors
and enhance the aesthetic appeal of Green Rd.”
The request of a use variance is being requested as “110 Dwelling Units” are neither a permitted nor a
conditional use in the GB district. The area is a mix of residential and community serving commercial
and institutional uses. The previous use was residential, even though it was located in the GB district.
This request will allow for the removal of an unsafe structure and the construction of a new residential
structure, which will allow the property to continue to be used in a residential manner.
Prior Approvals: There are no known prior
approvals for this property.

Surrounding Zoning and Land Use:
North: General Business (GB)
South: General Business (GB)
East: Residential Medium Density (R-8)
West: General Business (GB)

R-8

Comprehensive Plan, Ordinances, &
Finding of Fact
Comprehensive Plan:
GB
COMMUNITY COMMERCIAL (Page 74-78)
Neighborhood Mixed-Use refers to traditional
neighborhoods with a historic development
pattern such as those in the southern section of Madison generally between the bluff and the Ohio River. It is
primarily a mix of single and two-family homes and small multifamily buildings with minimal setback from the
street. This land use also includes some mixed-use commercial/residential properties. Some are on alleys with
rear-loaded garages and in some cases only on-street parking, but typically these homes do not have frontloading garages unless at the rear of the lot. This designation surrounds the core around Main Street and
much lies within the Historic District. There is a continuous network of blocks connected by streets and
sidewalks that lead to parks, the central business and civic area. Vacant lots should be redeveloped with
compatible infill that reflects the desired character of the neighborhood. This designation can also serve as a
transition between lower density residential and commercial or business activities. Development should be
connected to City utilities and public services.

Ordinance:
SECTION 7.00 OFFICIAL SCHEDULE OF DISTRICT REGULATIONS (pg 93-99)

Page 103 of 103

Finding of Fact:
Finding of Fact #1 - Will approval of this application will be injurious to the public health, safety, morals, and
general welfare of the community?
The applicant has provided Not submitted – see attached applicant letter.
the following response:
Staff Response:
No. The requested use variance, if approved, will permit the applicant to
demolish and remove an unsafe structure, and replace it with a new,
safe dwelling (duplex).
Finding #1 has been satisfied.
Finding of Fact #2 - Will the use and value of the area adjacent to the property included in the variance be
affected in a substantially adverse manner?
The applicant has provided Not submitted – see attached applicant letter.
the following response:
Staff Response:
No. The granting of this use variance will allow the continuance of the
current/previous use.
Finding #2 has been satisfied.
Finding of Fact #3 – Does the need for this variance arise from some conditions peculiar to the property?
The applicant has provided Not submitted – see attached applicant letter.
the following response:
Staff Response:
Yes. The existing structure has been used in a residential manner prior
and up to this request. The zoning classification and the use of the
property do not align, therefore not permitting the continuance of the
use and the removal of an unsafe structure.
Finding #3 has been satisfied.
Finding of Fact #4 – Will the strict application of the terms of the zoning ordinance constitute an unnecessary
hardship if applied to the property for which the variance is sought?
The applicant has provided Not submitted – see attached applicant letter.
the following response:
Staff Response:
Yes. The strict application of this ordinance will not allow the continued
use of the property in its historical and current manner. Further, it will
permit an unsafe structure to continue to be on the property.
Finding #4 has been satisfied.
Finding of Fact #5 – Does the approval interfere substantially with the Comprehensive Plan?
The applicant has provided Not submitted – see attached applicant letter.
the following response:
Staff Response:
No. The community commercial future land use designation is, ”
primarily a mix of single and two-family homes and small multifamily
buildings”. Further, this land use states that, ”Vacant lots should be
redeveloped with compatible infill that reflects the desired character of the
neighborhood. This designation can also serve as a transition between lower
density residential and commercial or business activities.”
Finding #5 has been satisfied.

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