Zoning Issues
Bob Kinderman
My wife and I recently moved back to Madison after an absence of 23 years. When we purchased a duplex at 421 Jean St., we expected to encounter new experiences and learn new things, but we never guessed that it would include getting deeply involved in what is apparently an ongoing, albeit rather "back-burner" issue of Madison zoning ordinances and whether or not they have kept up with changing times. This has particular impact in older R2 (single family) zoned districts where restrictions relating to lot size and nonconforming units greatly restrict what property owners can do to improve their property. We first learned of this when we applied for a building permit to remodel our kitchen and convert an empty attic into a bedroom. It took a few visits to the building inspector's office to make sure we met their requirements, and then we were directed to get the approval of the Zoning office. At first we were told that we would need to apply for a variance and go before the Zoning Board because our lot was too small, a situation we apparently share with most of our neighbors. After submitting drawings and completing the necessary paperwork for the Zoning office, we were told that we didn't even have the option of requesting a variance because we were a nonconforming unit (a duplex in a single family zoned neighborhood). The fact that our home had been built as a duplex in 1937 and was owner occupied did not make any difference. The zoning ordinances written in 1967 created many nonconforming units, supposedly as a way of limiting the increase of absentee landlords. This struck us as particularly ironic in that in our situation the previous owners had specifically declined an offer from an absentee landlord and decided to sell to us because they wanted to keep owner-occupants in the neighborhood, Staff at the Zoning office said it was out of their hands, apologized for not realizing we were a nonconforming unit when we first contacted them, returned our application fee and said that maybe the city council might be able to do something.
That was on June 16th, coincidentally the same day an article appeared in The Isthmus entitled "Zoned Out," which detailed the frustrations other property owners had encountered in trying to get zoning variances for what seemed very reasonable improvements to their property, improvements which in many cases would enhance the neighborhood and promote longer term residence. The following evening was the annual Jean Street block party where I had the opportunity to here more tales of the restrictions that current zoning ordinances place on older neighborhoods. (I hasten to add that the support we have received from our neighbors, as well as from many other Madison residents I have talked in recent weeks, has been tremendous and far outdoes any frustration we've had with this process.) It was clear that we were not alone in facing the challenges of the zoning system and we resolved to find a way to make some changes that could accommodate our community's needs as well as our own. The following week we attended our first Neighborhood Association meeting. Association President Richard Linster had arranged for Zoning Administrator George Caffan to attend, and we had a lively discussion. The Association decided to create a zoning issues committee to further discuss ways to interact with city government and increase the public awareness of our shared concerns. I was designated chair of the committee (I should have seen that one coming) and have learned a great deal about the larger issue since then.
On July 14th an article about our particular dilemma appeared in the Capitol Times headlined "Zoning thwarts home improvements." At the end of the article, any other residents concerned about the issue were encouraged to call or write me. I received about a dozen calls, all very supportive and many very informative as well. Most importantly I learned that an advisory committee on R2 zoning is being created by the Mayor. At one of their June meetings, the Common Council passed a recommendation for this to be set up. Judy Olson of the Mayor's staff stated at the August 4th Planning Commission meeting that the Mayor was in the process of putting together a list of members for this committee and they should be ready by the August 19th Council meeting. Barb Vedder has submitted my name for consideration for the committee to the Mayor's office, but no decision has been made as of this writing. Regardless of the makeup of this committee, I will try to follow its proceedings closely and do what I can to enable the Tenney-Lapham Neighborhood to present as much input as possible.
I also received a call from a representative of zoning committees in the Dudgeon and Regent neighborhood associations. We discussed ways the various neighborhood zoning committees could communicate and hopefully present a unified stance to city government. I'm confident that we'll find a way to communicate, but arriving at an agreed-upon approach clearly won't be easy. Ken Golden, who is the alder for both the Dudgeon and Regent neighborhoods, had introduced two changes to the zoning ordinances that were targeted at specific concerns expressed by his constituents, but withdrew them at the last minute when disagreement developed within the neighborhood associations as to whether or not the changes were really what they wanted. One of the changes would have eased restrictions resulting from small lot sizes, and the other would have made it somewhat easier for L-shaped buildings to be "filled in." Despite Ken's decision to withdraw his initiative for the changes, they did proceed to the Planning Commission on August 4th at the request of Alder Napoleon Smith, who felt they addressed concerns in his ward that his constituents did not want to wait on while the issue was further discussed. Representatives of the Dudgeon and Regent Neighborhood Associations spoke against passage of this amendment, mainly because they wanted more time to review the proposals and provide further input to the Planning Commission. The proposal relating to L-shaped buildings was referred for further study but the proposal relating to lot sizes passed.

The change that passed was:
Subdivision (f) entitled "Yard Requirements" of Subsection (3) entitled "R2 Single-Family Residence District" of Section 28.08 entitled "Resident Districts of the Madison General Ordinance is amended to read as follows:
Yard Requirements. In the R2 district, front, side and rear yards shall be provided, each of which shall be not less than the following:
1. Front yard - thirty (30) feet
2. Side yards.
a. One story buildings Each side six (6) feet
b. Two story buildings Each side seven (7) feet
c. For each foot by which the side wall of a building exceeds forty (40) feet (as projected at right angles to the side lot line), the required side yard on that side shall be increased by two (2) inches. For the purposes of this calculation, only that portion of the side wall of a single-family residence beyond eighteen (18) feet of the side lot line shall be excluded. Such increased width shall apply to the entire length of that side yard.
d. Reversed corner lot-fifteen (15) for side yard adjoining street.
3. Rear Yard-forty (40) feet. A one story projection for garage purposes only may project thirty percent (30%) of the least depth into a required rear yard, provided the balance of the rear yard shall remain unoccupied and unobstructed from the ground upward."
In short, this amendment eliminates the total side yard requirements by providing a single criteria for the width of the side yard.
In general, the issue of zoning and how it affects older single-family neighborhoods has been simmering for some time and now may be coming to a head. At least a process through which city government can work more formally with affected neighborhoods in developing some big-picture, long term strategies appears to have been started. If you are willing to play an active part in addressing concerns about zoning issues, or just want to be kept informed about current developments, please give me a call at 251-1358 or write me, Bob Kinderman, at 421 Jean St.