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Council rejects zoning map amendment for 1023 East Vaughn Drive; planning commission had opposed change
Summary
The council voted against rezoning 1023 East Vaughn Drive after the planning commission recommended unfavorable action; discussion noted the structure may have been built without a permit in the 1990s and staff suggested the applicant pursue a variance with the Board of Zoning Appeals.
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The Madison Common Council voted down an ordinance on second reading that would have amended the city zoning map for 1023 East Vaughn Drive.
Council members noted the Planning Commission recommended against the rezoning. Staff told the council they were unable to locate a building permit for the structure and that records suggest the building may have been erected in the 1990s without a permit. At the planning commission meeting, staff and commissioners had advised the applicant to pursue a variance through the Board of Zoning Appeals (BZA) instead of amending the zoning map; the planning commission’s recommendation remained unfavorable.
Council members discussed the practical steps available to property owners and neighbors but said the city does not typically resolve private property-line disputes. One councilmember noted the property changed hands in September of the previous year, apparently to a family member.
Roll call on the zoning ordinance produced unanimous “no” votes: Patrick Kavanaugh (no), Carla Krebs (no), Lucy Dottillo (no), Josh Schaeffer (no), Joel Storm (no), and Jim Bartlett (no). The council did not approve the rezoning; staff recommended the applicant pursue a variance before the BZA if they wish to alter the building’s use or footprint.
No enforcement action was recorded at the meeting concerning the absence of a permit; staff said that permitting and property-line matters are handled separately and that the city generally does not get involved in private boundary disputes.

