The Madison City Council dealt with several zoning issues during its meeting on Nov. 11.
The first zoning question involved minimum lot area variances requested by Felipe Salvador and Elena Martin. The request asked that one lot be granted a variance from .25 acres to .23 acres (an 8% decrease) on proposed Lot 2 and to .22 acres on proposed Lot 3 (a 12% decrease) to split one lot into three lots for property off Larkmartin Street. A residence is already present on Lot 1.
The Madison Planning & Zoning Commission held a public hearing on Oct. 17 and recommended approval of the variances by a vote of 4-0.
The property had been zoned Small Lot Residential (R4) since 2016.
During the P&Z hearing, a question arose on the variances concerning Note 13 to Section 700.1 of the zoning ordinances, Table 11, which allows for a greater than 10% administrative minimum lot area variance in “a designated area of urban renewal/redevelopment (URA).”
Madison planner Mollie Bogle said the Larkmartin Street neighborhood is in an area under consideration as a future South Madison urban development area.
The council has expressed support for zoning variances in redevelopment areas in the interest of affordable housing, as recently in the Canaan neighborhood. Although the Larkmartin Street property is designated to be in a URA in the future, it currently doesn’t enjoy the same flexibility and won’t until possibly June of next year.
No public comment concerning the variances was offered.
Councilman Eric Joyce said he wasn’t entirely comfortable with how standards are applied to variance questions since the request failed on six of the eight standards for reducing lot sizes. He also said that combining Lot 2 and Lot 3 would meet the zoning requirements and still pave the way for new affordable housing.
“I think we have to think of the greater good, and that means protecting our zoning ordinance in this particular case,” Joyce said.
Bogle responded to Mayor Fred Perriman's question about non-conforming lots and said that some lots in Candler Lane and Walker Rose might be smaller than the current standards allow.
Salvadore agreed to withdraw his application until the neighborhood is placed in the URA next year. Councilor Betsy Wagenhauser showed off her Spanish language skills to ask Salvadore if that was his preference.
Applicants Julie and Dan Vice requested a minimum side yard setback variance from 15 feet to five feet to construct a carport and breezeway connected to the primary residence on a property on Saye Creek Drive.
The P&Z Commission had recommended denial of the application by a vote of 3-1.
Joyce said that while the neighborhood's Homeowner's Association requires breezeways to connect carports to homes, Madison’s Historic Preservation Commission prohibits them. Alternatives to the application would need to be cleared with the HOA before being submitted to the council.
The council voted to deny the application.
The council also voted to expand its Arts & Entertainment Overlay District “to further enhance the quality of life for area residents and attract visitors through these proven economic benefits of cultural and heritage tourism; to provide a pedestrian-first area where the public realm accommodates sidewalk cafes, product displays, literature racks, special promotions, safe crosswalks, civic displays, filming, public assembly, etc.”
To further enhance commercial vitality while protecting the public health, safety, and welfare, the Overlay District “will allow applications for a limited scope ancillary pouring license for hospitality- and tourism-oriented businesses. Such businesses shall bear a substantial relationship to the public interest in generating additional visitation and pedestrian traffic to Downtown Madison.”
Within the Overlay District, businesses with the defined uses may now apply for an ancillary pouring license for on-premise consumption only, conducted per applicable law.
The Overlay District map was expanded slightly to include the Chop House restaurant and an area near downtown that was designed to encourage business startups.
In conjunction with modifications to the Overlay District, the council voted to make changes to the Downtown Development Authority map and the Central Business Special Tax District map so that they are the same.
Note: The Madison City Council has moved its upcoming work session from Friday, Nov. 29 to Monday, Nov. 25 at 8:30 a.m.