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From YouTube: Athens Board of Zoning Appeals - May 11, 2021
Description
Athens Board of Zoning Appeals - May 11, 2021
A
A
President
tonight
are
ms
lisa
carson,
miss
kate
housely,
mr
john
goody,
const
and
alternates
as
of
right.
Now
is
mr
robert
de
lac,
who
will
be
a
voting
member
tonight
replacing
board
member
mr
joe
krause,
I
am
john
goelsey,
the
chair
also
present.
We
have
the
zoning
administrator,
mr
david
riggs
and
secretary
ms
kerry
yak,
as
well
as
the
government
channel
team.
A
The
board
operates
according
to
the
following
procedures.
The
chair
will
name
and
describe
the
case.
The
zoning
administrator
or
secretary
will
state
the
basis
of
the
objection
and
any
applicable
facts
or
conditions
pertaining
to
the
case.
The
applicant
or
the
representative
will
give
reason
why
the
appeal
should
be
reviewed,
favorably.
A
A
According
to
athens
city
code,
section
23,
0703
b,
the
board
has
power
to
grant
variances
from
the
strict
application
of
the
code,
provided
the
variance
will
not
be
contrary
to
the
public
interest.
The
spirit
of
the
code
is
observed,
public
safety
and
welfare
is
secured
and
substantial
justice
is
done.
A
Any
person,
resident
or
officer
department
or
appointed
body
of
the
city
of
athens,
aggrieved
by
a
decision
of
the
board,
may
petition
the
athens
county
court
of
common
police
concerning
the
illegality
of
the
decision.
Such
petition
must
be
filed
within
30
days
after
the
mailing
of
the
decision
of
the
board
to
the
applicant.
A
There
is
only
one
case
tonight
on
the
agenda
and
that
is
with
respect
to
property
at
280
east
estate
street.
The
board
is
required
to
take
testimony
under
oath
with
anyone
wishing
to
speak.
Concerning
any
item
on
the
agenda,
please
confirm
that
you
swear
or
affirm
that
the
testimony
you
will
present
to
the
board
will
be
the
truth,
the
whole
truth
and
nothing
but
the
truth.
A
A
Okay,
let's
go
to
this
case
is
case.
21-4
v
for
variance
the
property
is
at
280.
East
street
street
zone
is
b1.
Mr
trent
de
bruyne
is
the
applicant
or
repellent,
and
mr
mantel
is
the
owner
correct,
applicant
or
I'm
sorry.
The
appellant
is
requesting
a
variance
from
acc
23
1001
to
allow
a
front
setback
of
eight
feet
where
25
feet
is
required.
A
A
B
A
Okay,
thank
you,
sir
mr
rick.
The
way
I
understand
for
b1
neighborhood
zoning,
the
b1
is
essentially
a
residential
area
that
supports
some
kind
of
a
business
that
will
be
supplying
commodities
or
performing
services
for
the
immediate
neighborhood,
and
then
those
are
defined
to
be
what
kind
of
a
businesses
they
are.
A
C
C
E
A
E
E
The
variance
we're
asking
for
is
nothing
more
than
what
neighboring
properties
have
in
the
same
b1
district
at
282
and
284
east
state
street,
mr
larry
young
has
a
mixed
use:
development
with
residential
units
on
the
first
and
second
floors
and
also
commercial
spaces.
On
the
first
floor,
property
mirrors,
the
same
use
that
we
are
proposing
at
the
corner
of
madison
and
east
state.
E
E
E
E
The
front
of
the
building
and
the
exterior
art
deco
facade
will
not
change
the
wall
height
to
the
rear
of
the
building
will
only
increase
by
five
to
six
feet
in
height
in
an
effort
to
reach
out
to
the
community
and
easy
and
ease
any
concerns.
I
I
did
post
the
complete
application
on
the
near
east
side,
facebook
page,
I'm
happy
to
say
it
garnered
34
likes
and
even
some
hearts
which
they
receive
as
positive
feedback.
I'm
not
even
sure
that
the
return
of
clementine
the
cat
to
its
home
received
that
much
positive
feedback.
E
E
D
I
was
wondering
if
you
have
you
said
a
more
residential
aesthetic
on
the
second
floor
there
so
facing
the
the
people
in
the
back
who
live
in
the
back,
who
have
these
kind
of
gardens
back
there
are
you
gonna
have
any
balconies
looking
down
upon
them.
We
got
one
letter
about
this
from
a
woman
back
there
and
she
didn't
specifically
mention
that.
E
That's
a
good
question.
The
word
looked
down
upon.
I
don't
think
I
would
use
sorry
no!
No,
if
you,
if
you
can
see
in
your
mind,
that
that
general
property
area,
actually
the
houses,
are
at
a
higher
elevation
than
what
our
what
our
property
is
as
they
are
up
on.
Is
that
madison?
I
believe
I
forget
which
street
is
behind
this?
I
can
look
nonetheless,
yes,
each
second
story
apartment.
A
A
I
also
request
the
appeal
for
the
variance
from
acc
2304
01
be
denied
for
this
property.
This
is
an
r
one
residential
zone.
Of
course,
she
meant
probably
where
she
is,
but
it's
a
b1
zone,
one
family
and
should
remain
as
a
residential
area.
With
this
zoning,
I
have
lived
in
this
neighborhood
for
18
years
and
purchased
this
property
on
three
patent
street
due
to
the
residential
zoning
police.
A
Deny
this
appeal,
so
this
community
may
remain
our
one
residential
zone,
one
family
as
it
was
intended
and
then
the
other
is,
is
an
email
from
miss
deborah
crabtree
to
whom
it
may
concern.
I
am
writing
this
email
on
behalf
of
my
86
year
old
mother,
catherine
crabtree,
the
property
owner
of
277
east
state
street.
A
She
is
not
able
to
send
the
email
herself
and
I
also
am
her
power
of
attorney.
These
are
her
thoughts.
Her
father
built
the
house
at
277,
east
state
street
and
catherine
crabtree
was
raised
in
that
house
and
her
granddaughter
now
lives
there.
This
is
a
family
neighborhood,
with
mostly
owner-occupied
single-family,
housing
and
catherine
does
not
want
rental
property
or
renters.
A
A
E
Correct,
so
what
this
is
is
an
outline
of
the
community
that
we
are
discussing
today.
Okay,
so
I'd
like
to
address
the
concern
of
rental
units
step
number
one.
I
think
we
should
step
back
a
little
bit.
Rental
units
are
please
correct
me
if
I'm
wrong
permitted
within
an
r1
district
as
a
as
a
definition
of
an
r1
district.
E
As
long
as
we,
you
know,
meet
your
definition
and
code,
but
nonetheless,
what
I
would
like
to
do
is
point
out
what
mr
trent
debrew
and
our
architect
has
identified
as
wrinkly
units
in
this
general
area
by
accessing
these.
The
city
database
he's
provided
this
layout
of
how
this
current
community
feels
and
what
rental
units
actually
exist
and
where
my
my
hand
is
here
is
the
2d
street
is,
as
I
expressed
within
this
b1
district
at
282
and
284
e
state
by
mr
larry
young.
A
Well,
first
of
all,
I
personally
don't
know
the
circumstances
of
these
two
properties.
I
don't
know
what
neighborhood
they
have,
what
our
zone
they
are
building
but
or
when
this
was
granted.
We
look
at
each
case
by
itself.
You
know
independent
of
the
others
and
as
of
right
now.
What
I
see
is
that
the
property,
as
is,
has
been
utilized
in
the
past,
and
so
the
property
can
be
used
as
it
is
now.
You
want
to
add
eight
units
in
there,
that's
what
we
are
discussing.
A
F
To
follow
up
on
that
idea,
so
the
b1
that
that
rental
property
he
was
talking
about
in
the
corner
of
madison,
is
in
the
same
zone
that
the
property
he
wants
to
develop
is,
and
that
was
three
or
four
years
ago
I
think
approved.
I
assume
for
a
variance
you
probably
weren't
on
the
board
then-
and
I
certainly
wasn't
so
I
don't
know
if
we
have
any
history,
we
can
pull
up
on
that,
but
but
it
was
developed
in
the
recent
past
and
allowed
to
have
multi-family
housing
in
that
location.
That
are
rental.
F
So
I
think
he's
correct
in
that
regard,
and
I
think
that's
relevant
here
because
you
know
like
he
said.
I
think
when
he
is
opening
statement
that
the
other
properties,
some
other
properties
in
the
area,
were
already
granted
some
of
the
rights
he's
requesting
here,
and
that
seems
to
be
the
case
with
that
one
example
and
then
maybe
the
one
next
door
as
well.
I'm
not
sure
more
details
about
that,
but
and
that
may
have
been
grandfathered
in
too
it
looks
like
it's
been
occupied
as
a
rental
for
a
long
time.
D
D
H
C
C
H
C
H
G
A
G
G
H
F
E
E
E
It
used
to
be
that
neighborhoods
in
high
demand
would
gradually
intensify
in
land
use
over
time.
Duplexes
and
triplexes
would
replace
single-family
homes.
Small
apartment
buildings
would
go
up
on
individual
lots,
but
a
whole
sloth
of
these
missing
middle
housing
types
have
been
zoned
out
of
most
american
neighborhoods.
A
Well,
the
article
speaks
for
itself
and
you
know
we
have
to
adjust
it
to
our
own
community
and
see
what
the
zones
in
athens
are,
and
I
don't.
I
don't
really
agree
that
there
is
no
quality
housing
in
athens.
There's
plenty
of
it
is
it
I
mean
there
are.
There
is
quite
a
bit
of
a
quality
housing
in
athens
for
rentals,
so.
D
I
think
what
what
we
we
constantly
see
on
this
board,
mr
mottle,
is
people
look
around
some
of
the
neighborhoods
that
have
been
rentals
for
a
long
time
and
they
say
to
themselves
man,
I'm
so
glad.
I
don't
live
near
that
you
know
and
they're
they're
worried
about
the
parties
palmer
place
if
you've
seen
that
place
when
it's
party
partysville
it's
just,
I
wouldn't
want
to
live
near
there.
A
Well,
I,
I
suppose,
there's
a
market
for
different
group
of
people
who
want
to
live
different
locations
or
places
my
concern
with
this
property
is
that
aside,
we
haven't
even
talked
to
the
set
site
in
this
setbacks,
yet
there's
quite
a
bit
of
a
variances
involved
in
here.
Besides
the
setback
number
of
units
and
so
on,
and
testimony
from
the
neighbors
so
we're
just
going
to
have
to
probably
vote
on
it
anything
else.
Any
questions
any
comments
before
we
close
the
floor
to
discussions.
H
C
H
Sorry
diversified,
okay,
thanks
that
was
definitely
being
promoted
as
providing
affordable
housing,
maybe
for
professionals
or
whatever,
and
although
it's
a
smaller
it
just
seems
like
a
smaller,
smaller
number
of
people.
I
don't
know
how
many
use
units
it
has
so
for
the
idea
for
these
eight
units
is
that
they're,
affordable,
they're
aimed
at
young,
professional
or
retired
persons
and
non-student
oriented.
E
E
What
we
provide,
I
believe,
is
very
positive
and
not
a
detriment.
I'm
actually
kind
of
surprised
at
the
response
from
some
of
the
comments
from
this
board
and
also
the
community
members,
I'm
not
sure
they
fully
understand
what
we're
providing
we're,
investing
a
lot
of
money
into
this
community
to
increase.
What
I
believe
is
a
a
wonderful
lifestyle
and
also
a
wonderful
place
to
live,
and
the
intent
is
for
the
betterment
of
the
community,
or
else
we
would
not
propose
this.
E
H
Okay
speaking
for
myself
and
and
this
may
apply
to
other
board
members
too,
the
the
comments
that
may
be
surprising.
You
are
probably
based
on
these
letters
because
we
do
get
a
lot
of
concerned
letters
from
neighbors
and
they
do
seem
to
be
expressing
some
anxiety
about
the
possibility
of
having
difficult
neighbors.
So
that's
something
we're
pretty
familiar
with
and
and
that
would
probably
be
why
most
of
us
are
addressing
that
question.
E
E
What
I
would
like
to
emphasize
is
the
fact
that
there
there
is
not
a
single
business
owner
in
that
b1
neighborhood,
that
is
in
opposition
or
has
presented
opposition
to
this
forum,
and,
I
believe,
that's
extremely
important
to
speak
to
because,
as
we
increase
the
population
density
within
our
community,
it
is
to
the
benefit
of
our
neighborhood.
It
is
to
the
benefit
of
the
city
from
an
income
point
of
view.
A
I
just
want
to
add
that
I
agree
with
ms
carson
and
I
want
to
add
that
obviously
there
is
some
financial
incentive
is
involved
here
and
the
board
does
not
consider
that
at
all.
You
know
we
don't.
You
know.
We
are
not
concerned
with
that.
We
are
concerned
with
the
property
itself
and
the
variance
that
goes
with
it
forever
and
if
there
are
any
other
housing
issues
in
athens,
it
could
be
addressed
in
in
in
a
way
that
kind
of
it
complies
with
the
code.
So
that's
my
two
cents.
D
C
C
This
building
meets
all
the
setbacks
in
as
a
business
zone,
but
when
with
because
of
the
bulk
controls,
when
you
change
that
use,
you
have
to
follow
back
fall
back
to
the
setbacks
of
an
r1
zone.
So,
even
though
this
is
in
a
b1
zone,
the
the
code
says
you
have
to
follow
the
setbacks
for
an
r1
zone,
because
that's
the
embedding
sound.
D
F
F
Oh
the
setbacks:
if
you
look
at
those
setbacks
and
apply
them
to
any
house
in
the
entire
zone
b1
zone,
I'm
looking
at
the
air
photo
and
the
and
the
parcel
boundaries
overlaid,
not
a
single
house
or
structure
in
this
b1
zone
would
meet
those
setbacks,
none
of
them.
So
you
know.
I
think
that
the
setbacks
really
isn't
a
concern
here.
Ultimately,.
H
E
So
that's
a
it's
a
very
good
question.
When
we
acquire
properties,
we
look
obviously
on
multiple
avenues.
So
the
purpose
of
this,
what
we're
proposing
is
to
create
a
sustainable
development.
Currently,
what
we
have
is
a
large
vacant
commercial
space
and
our
primary
concern
is
to
have
a
sustainable
development.
From
our
point
of
view,
I
understand
the
board
doesn't
consider
you
know
monetary
concerns,
but
from
our
point
of
view,
in
order
a
mixed-use
development
is
a
positive
attribute
for
us
on
a
investment
side.
E
H
It
that
does
answer
my
question
and
it
does
raise
an
issue,
a
problem,
that
we
we
granted
some
kind
of
variance
to
the
property
on
the
corner
of
grovner
and
carpenter
or
stimson.
I
don't
know
what
it
which
it
is
there
and
years
ago
and
the
the
first
floor
of
it
has
stood
empty
ever
since
with
apartments
atop
it.
So
that's
sort
of
that
is
frustrating
that
there.
E
Is
in
these
places
yeah
it
is,
but
it's
also
trying
to
create
a
sustainable
development
model,
and
I
think
that's.
I
think
the
city
should
look
at
that
in
that
in
that
respect,
because
if
we
want
to
have
financial
investment
within
our
community,
that
concept
needs
to
be
understood
and
discussed
in
venues
like
this
and
obviously
on
other
platforms
as
well.
H
Yeah,
I
agree
with
you,
but
we
are
sort
of
the
last
resort,
we're
supposed
to
be
sort
of
the
last
resort,
because
we
don't
make
any.
We
only
can
grant
variances
for
individual
properties
and
some
of
this
conversation
you
should
probably
be
having
with
you
know,
city,
council
or
the
planning,
commissioner,
because
you
seem
ambitious
about
making
improvements.
H
I
One
of
the
many
positive
parts
about
this
project
is,
is
the
having
handicap
accessible
units
with
close
to
amenities
like
kindred
market
and
in
the
athens
bread
shop
in
the
village,
bakery
and
and
allowing
people
with
those
type
of
disabilities
being
able
to
be
within.
You
know,
a
block
or
so
of
those
amenities
for
for
their
convenience
that
the
real
property
setback.
I
I
believe
it
currently
is
five
feet
pretty
per
the
survey
that
kurt
had
and
that
that
alley
is
12
feet
wide.
So
I
don't
know
if
so,
really
that
rear
property.
I
when
I
was
when
we
were
looking
at
that
it's
it's
a
rear
property,
but
it's
also
it's
it's.
It's
think
that
it's
not
up
to
another
adjacent
property,
it's
up
to
a
public
right-of-way.
I
I
You
know,
wanted
to
make
the
place
more
attractive
and
and
better,
and
that
and
that
building
back
there,
the
the
brick
structure,
the
secondary
rear
part
I
mean,
certainly
that
could
be
made
to
look
differently
at
any
time,
but
I
think
that
the
intent
here
would
be
to
make
it
look
more
residential
and
fit
in
more
with
that.
With
that
neighborhood.
D
23-10-01
to
allow
a
front
setback
of
eight
feet
where
25
feet
is
required,
rear
setback
of
five
feet
where
30
feet
is
required
right
side
setback
of
four
inches
where
eight
feet
is
required.
Structure
coverage
of
forty
percent,
where
thirty
percent
is
required,
total
lock
coverage
of
ninety
one
percent,
where
sixty
percent
is
required
and
the
variance
from
acc
23.04.01
to
allow
eight
units
where
one
unit
is
permitted
proposed
work
would
provide
three
residential
units
and
one
business
space.
On
the
first
floor.
The
second
floor
would
provide
five
residential
units.
A
B
A
A
A
D
A
F
A
A
A
Okay,
preservation
of
equal
property
rights,
literal
interpretation
of
these
regulations
would
deprive
the
appellant
of
rights
commonly
enjoyed
by
others
in
the
same
zone
at
the
same
vicinity.
While
a
granting
of
the
requested
variants
will
not
confer
on
the
applicant
any
special
privilege
that
is
denied
to
other
properties
in
the
same
zone
and
in
the
same
vicinity.
D
E
A
Thank
you
for
your
time.
You're
welcome.
You're,
welcome,
okay.
Let's
move
on
to
disposition
of
minutes
from
april
13
2021
meeting
the
meeting
there
minutes
was
very,
very
good.
Thank
you.
Miss
yak.
There
was
a
couple
of
minor
typos
that
once
that
is
changed.
I
just
was
like
foot
change
to
feed
with
that
correction.
Do
we
have
a
motion
to
accept
the
minutes
of
april
13.