Madison City BZA renews conditional uses, approves short-term rental and apartment conversion with conditions

At a meeting of the Madison City Board of Zoning Appeals, members approved renewals of several conditional-use permits, declared some permits expired for nonpayment or sale, and granted conditional-use permits for a short-term rental at 123 Saint Michael's Avenue and a multiunit renovation at 401 East Third Street, subject to conditions and follow-up filings.

The board noted that items 1, 3, 4, 5, 7 and 8 on the agenda had paid renewal fees and were renewed without objection. Scott Baldwin, who conducted the meeting, said Darla Davis’s conditional use for 206 Green Road had “expired” because the property was sold, and that the permit for James Gurley at 2900 Wilson Avenue had not been renewed because the fee was unpaid. The board also recorded that one application had been closed by the applicant and was treated as expired.

The board then heard two new conditional-use applications. Pamela Phillips (identified at the hearing as Pam Phillips) asked to operate short-term rentals from 123 Saint Michael’s Avenue, a duplex she owns at 121 and 123 Saint Michael’s. Phillips said she lives at the property, would occupy one side, and proposed renting the other side short-term. Board members focused on parking and enforcement of house rules; Baldwin and other members said submitted house rules were required before the conditional use could be recorded.

The motion to approve the conditional use for 123 Saint Michael’s Avenue included: a one-year permit term; a maximum occupancy of four people; a limit of two rental units on the property (one short-term, one long-term); and a requirement that the owners submit written house rules to Nicole Shell in the building office before the conditional use is recorded. The board specified quiet hours in the motion, with enforcement of rules. The motion passed on a roll call with board members voting yes.

Separately, Jennifer Sissel (appearing with Jimmy Sissel) sought a conditional-use permit for Category 130 (apartments) at 401 East Third Street to convert and renovate a unit in a four-unit building. The applicants described extensive interior renovations already completed or underway, said they perform tenant screening (background and credit checks, employment verification), and said rental income would help fund exterior improvements. Neighbors spoke in favor of renovation but raised concerns about exterior condition and parking.

The board approved the conditional use for 401 East Third Street for a one-year term, stating it would be eligible for a three-year renewal if no complaints were filed during that year. The approval included an occupancy limit of two people per occupiable bedroom, an allowance for two apartments at this stage (the owners said they planned two active apartments), and an explicit requirement that the owners enforce the tenant screening described in the staff findings of fact.

Baldwin and board members emphasized that the short-term rental permit at 123 Saint Michael’s would not be active until the recorded conditional-use document included the required house rules. Nicole Shell was identified as the staff contact to receive those rules and include them with the courthouse recording.

The board closed the agenda items and moved to other variance requests after the conditional-use votes.