Madison BZA approves five short-term rental permits with occupancy, parking and quiet‑hours conditions; neighbors voice concerns about noise, parking and supply

Madison City — The Madison City Board of Zoning Appeals on Sept. 8 approved five one‑year conditional‑use permits allowing short‑term rentals at properties across the city’s Central Business, Specialty and Historic Districts, and took routine action on several permit renewals. Each approved permit carried conditions limiting occupants and vehicles and specifying quiet hours.

The approvals came after staff recommendations, applicant statements about on‑site management, and extended public comment from neighbors who said short‑term rentals (STRs) strain parking, increase noise and reduce long‑term housing availability.

Why it matters: The board applied conditions intended to reduce neighborhood impacts — maximum occupants, vehicle limits and prescribed quiet hours — but several speakers said those conditions do not address the cumulative effect of many STRs in Madison’s downtown and historic districts. Board members repeatedly advised that state law and the city zoning ordinance restrict the board’s ability to impose numerical caps on the total number of STRs.

Most important actions and conditions - 517 West Street (BZCU‑25‑15), applicant Alex Hammock: approved for one year with maximum 2 occupants, maximum 2 vehicles and quiet hours 10 p.m. to 8 a.m. Roll call: Scott Baldwin, Mark Acosta, Carl Eaglin, Rick Ferris and Nancy Burkhart all voted yes. - 505 West Main Street (BZCU‑25‑17), applicant Samuel Lowenfield: approved for one year with maximum 6 occupants, maximum 3 vehicles and quiet hours 9 p.m. to 8 a.m.; board also required a no‑parties rule for one year. Roll call: unanimous yes by the five board members present. - 780 Jerry Lane (BZCU‑25‑16), applicant Jennifer Schafer: approved for one year with maximum 6 occupants, maximum 3 off‑street vehicles, quiet hours 10 p.m. to 8 a.m., no outdoor fires and requirement to provide an easily accessible local representative. Roll call: unanimous yes. - 808 Fillmore Street (BZCU‑25‑18), applicant Jenny Brinley: approved for one year with maximum 4 occupants, maximum 2 vehicles and quiet hours 10 p.m. to 8 a.m. Roll call: unanimous yes. - 523 West Street (BZCU‑25‑19), applicant Erin Deutsch: approved for one year with maximum 4 occupants, maximum 2 vehicles and quiet hours 10 p.m. to 8 a.m. Roll call: unanimous yes.

Renewals and administrative items - The board renewed a set of previously issued conditional‑use permits after staff confirmed payments for most; for two permits (BZCU‑23‑86, Anderson’s Land Investments, 2920 Clifty Drive; and BZCU‑23‑95, Michael Holchak, 604 Jefferson Street) the board instructed the city attorney to send notice that renewal fees had not been paid and that permits would be renewed if fees were received before the next meeting. - One renewal application remained unpaid; the board voted to table that application until the next regular meeting to allow staff and the applicant time to complete notice and payment.

Public comment and board discussion Neighbor Jill Saint Francis, of 501 West Main Street, warned of direct local impacts: “If this had been a short term rental next door to me, I would never have bought the house,” and said proximity (bedroom windows four feet from the neighbor’s entrance) raises risks of frequent noise and parking pressure. She also cited a figure — “209 short term rentals in Madison with 81 of those being in the historic downtown district” — as her understanding of local counts.

Chair (presiding) repeatedly reminded speakers that the board’s authority is constrained by state law and the city’s zoning ordinance. The chair said, “this board is constrained by state law and our zoning ordinance,” and noted that, to the board’s knowledge, the city had received “one complaint” tied to existing short‑term rentals downtown.

Board members and staff emphasized that conditional‑use permits allow the board to impose site‑specific conditions (occupancy, vehicles, quiet hours and a local contact) and that the yearly renewal process offers a mechanism to address documented violations. Board discussion compared potential STR impacts to what a typical family occupying the property could generate, with members noting that families can also have multiple vehicles and activities, and that the board’s conditional rules are intended to avoid uses significantly beyond residential norms.

What the approvals do not do - The board did not (and under statements in the meeting cannot) set a citywide numeric cap on short‑term rentals; members said that change would require action beyond the BZA and is constrained by state law and existing city ordinance provisions for the Specialty and Historic Districts. - The approvals do not create new permanent zoning categories; each permit was granted as a one‑year conditional use subject to monitoring and complaint‑driven review.

Next steps and enforcement Each permit is valid for one year; the board or staff may review and act on documented violations (complaints, police response, or documented failure to adhere to permit conditions). The board instructed the city attorney to send payment notices for the two unpaid renewals and tabled an unpaid application until the next regular meeting.

Community context Board members and several commenters referenced downtown parking constraints tied to Main Street reconstruction and ongoing events. Applicants typically supplied local contact information and said they would personally or locally manage the properties. Staff recommendations on occupancy and vehicle limits were adopted in most cases.

— Votes at a glance: see Actions array for motions, tallies and formal outcomes —