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Board approves variance to recognize dwelling at 1023 Small Drive

2272754 · February 12, 2025

Summary

Madison City Board of Zoning Appeals granted a variance of use allowing a long-standing dwelling at 1023 Small Drive to remain a legal residential use so the owner can apply for building permits to enclose portions of a porch without increasing the building footprint.

The Madison City Board of Zoning Appeals on Feb. 10 approved a variance of use for a dwelling at 1023 Small Drive, allowing the house — which predates current zoning — to be used as a full-time residence and to receive permits for enclosing portions of an existing porch.

The board’s action formalizes what residents and the applicant described as an established, long-standing use. Ryan Leach, representing the property owners, told the board the structure was “grandfathered in” and that the work planned would extend walls to the edge of the existing porch without enlarging the building’s footprint.

Board members moved through the state-mandated findings of fact required for a variance of use. Board member Mark Acosta said he saw no threat to public health or welfare and that the proposed work would “basically, dress it up, make it look better.” Multiple board members noted the house has been present since about 1996 and said strict enforcement of the current zoning ordinance would create an unnecessary hardship.

No neighbors testified in opposition. Charlie Ricketts, a resident who spoke in favor, said the structure “has been there for almost 30 years” and that enclosing part of the second-story deck would not change the footprint.

The board voted in roll-call fashion; all five members present voted yes. The board approved application BZVU-25-1, a variance of use for 1023 Small Drive, allowing the property to be used as a dwelling and enabling the owner to apply for building permits for the described work.

The action does not change the zoning map and applies to the property only. The board recorded that the conditional-use criteria are rooted in Indiana state law and Madison’s zoning ordinance.

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