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From YouTube: Athens Board of Zoning Appeals - November 9, 2021
Description
Athens Board of Zoning Appeals - November 9, 2021
A
B
The
athens
board
of
zoning
appeals
operates
according
to
the
following
procedure.
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
appellant
or
their
representative
will
give
reason
why
the
appeal
should
be
viewed
favorably.
B
B
According
to
athens
city
code,
section
23.07,
.03
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
are
secured
and
substantial
justice
is
done.
B
There
are
exceptional
or
extraordinary
circumstances
or
conditions
applying
to
the
property
in
question
or
to
the
intended
use
of
the
property
that
do
not
apply
generally
to
other
properties
or
classes
or
uses
in
the
same
zone,
practical
difficulty
and
undue
hardship
because
of
exceptional
or
extraordinary
circumstances
or
conditions
pertaining
to
a
specific
piece
of
property.
A
literal
enforcement
of
these
regulations
will
result
in
practical
difficulty
or
undue
hardship
that
is
unnecessary
to
the
achievement
of
public
purposes.
B
Preservation
of
equal
property
rights.
Literal
interpretation
of
these
regulations
would
deprive
the
opponent
of
rights
commonly
enjoyed
by
others
in
the
same
zone
and
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
the
same
vicinity.
B
Minimum
variance
the
variance
granted
is
the
minimum
variance
required
to
make
possible
the
reasonable
use
of
the
property
absence
of
detriment.
The
authorizing
of
such
variants
will
not
be
of
substantial
detriment
to
adjacent
property
and
will
not
materially
impair
the
purpose
of
the
zoning
code
or
the
public
interest,
not
of
a
general
nature.
B
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
pleas
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
For
the
property
at
70,
west
state
street
and
the
appellant
who
is
not
present
has
indicated
that
he
would
like
us
to
review
and
decide
on
the
case
without
his
testimony.
I
believe
that's
correct,
mr
riggs.
Have
you
received
okay,
so,
according
to
our
rules
of
procedure,
article
six
hearing
of
cases
we
can
choose
either
to
hear
the
case
tonight
using
only
the
documents
he
has
provided
us
or
we
can
choose
to
continue
the
case
as
we
did
last
month
until
such
time
as
he
can
be
present.
A
My
personal
feeling
is
that,
if
he's
okay
with
it
he's
given
us
an
abundance
of
or
enough
documents,
I
think
for
us
to
make
a
reasoned
decision
without
his
being
here
I
would
I
would
vote
that
we
go
ahead
and
and
hear
the
case
tonight,
but
we
can
discuss
it
further
before
we
take
the
vote.
If
anyone
wants
to
say
anything.
C
But
in
that
the
process
seems
to
be,
we
should
have
an
appellate
here.
It
seems
a
little
weird
right,
but
it's
within
the
rules
to
do
this
and
again,
like
you
mentioned
kay,
we
have
enough
information.
I
think
it's
not
necessarily
a
controversial
request,
so
I
would
actually
do
we
need
to
make
a
motion
to
move
ahead
with
this.
So
I
make
a
motion
to
move
ahead
with
this,
with
this
variance,
request
and
review
it
tonight
and
make
a
decision.
D
A
E
C
D
G
A
G
But
I
will
say
that
some
of
the
photos
that
were
supplied
were
providing
photos
of
porches
that
received
variants
for
setback
and
then
were
built
into
rooms
later
and
part
of
the
actual
physical
structure
of
the
building
interior
to
add,
potentially
up
to
two
rooms
with
this
porch
on
this
on
this
space
and
how
being
new
to
this
board?
How
is
that
addressed
or
concerned
and
dave
kind
of
mr
riggs?
G
I
just
started
kind
of
asking
a
little
bit
about
that,
because
that's
is
this,
that
that
slope,
because
I've
noticed
that
the
buildings
that
do
have
that
very
tight
setback
that
are
turned
into
another
room
on
their
structure,
which
are
not
beautiful
and
they're,
not
providing
a
wonderful
advantage
for
community
on
the
front.
Porch.
G
Well,
I
can't
say
specifically,
I
will
pan
through
the
photos
and
and
bring
up
an
instance
specifically
at
congress
and
state
street.
I
believe
that's
one
example,
but
that's
that
would
be
the
only
thing
that
makes
me
leery
about
this
personally,
I
I
totally
understand
why
he
would
want
to
porch
on
that
house,
and
I
agree,
I
think,
it'd
be
good
for
the
community.
I
think
it
would
be
aesthetically
more
pleasing
than
it
is
without
a
porch.
A
G
G
F
D
A
C
Okay,
so
this
is
the
appellant
brian
of
70.
West
state
requested
variance,
notes
bullet
one,
virtually
every
surrounding
property
in
both
directions
and
on
both
sides
of
the
street
have
front
porches
and
he's
provided
pictures.
He
references
here.
Some
are
former
porches
that
have
been
enclosed,
but
literally
every
house
has
one
by
adding
a
front
porch
such
as
the
one
that
is
on
50
west,
not
obviously
as
big
the
house
would
be
more
in
keeping
with
the
neighborhood
and
athens
in
general.
It
would
also
give
a
much
nicer
appearance
from
the
street
bullet.
C
Three
not
having
a
front
porch
doesn't
allow
the
residents
to
enjoy
the
outside
as
all
their
neighbors
can
on
a
front
porch
bullet
four.
Most
neighboring
properties
have
porches,
while
the
house
structure
is
covering
much
more
lot
square
footage
than
70
west
state
street.
You
can
see
this
on
the
auditor's
website,
so
he's
referring
to
the
property
boundaries
and
such.
F
A
A
A
When
you
get
a
little
piece
of
property
that
small
it
makes
it
much
harder
to
be
able
to
put
into
that
lot
sort
of
basic
amenities
that
other
owners
enjoy
garages
or,
in
this
case,
the
front
porch.
So
I
think
that
is
the
exceptional
circumstance
and
I
think
I've
described
as
well
the
second
finding.
What
the
difficulty
and
hardship
is
that
you
can't
enjoy
something
that
most
other
property
owners
with
a
code
approved
lot
size
can
can
enjoy.
A
C
G
C
A
F
F
E
C
Yeah,
I
think
if
you,
if
you
walk
up
the
street,
you
have
to
go
far
to
start
seeing
where
there's
way
less
than
25
foot
setbacks.
Probably
all
these
houses
are
less
than
25
foot.
Some
of
them
are.
The
closer
ones
are
probably
a
little
more
than
six,
but
still
they're,
not
much
more.
If
you
go
up
the
street
further,
there's
three
at
the
top
of
the
top
of
the
hill
before
the
cemetery
they're,
like
almost
zero
setback,.
G
Like
100
102.,
the
ones
right
before
the
cemetery,
those
I
was
taking
particular
note
of
those
as
well.
I
do
have
a
question
for
mr
riggs
and
the
question
is
where
define
try
to
explain
to
me
because
I'm
confused
on
where
the
setback
starts
and
ends.
So
a
six
foot
setback
is,
is
measured
from
curb,
which
is
set
back
from
the
center.
E
E
C
C
C
D
A
A
F
F
B
A
C
C
Probably
not
as
much
unless
it's
adjacent
property
owners,
another
landowner,
that
you
know
landlord,
that
feels
that
this
shouldn't
be
granted
because
he
didn't
get
his
or
something
you
know
who
knows,
but
they
probably
tend
to
be
sort
of.
You
know,
camaraderie.
You
know,
there's
some
camaraderie,
probably
with
them
to
some
extent,
it
does
happen
more
if
there's
residential
issues
certainly.
C
C
G
C
So
I
think
it's
a
reasonable
request
for
this
variance.
It's
not
it's!
Not
it's
not
going
from
25
to
6
feet,
it's
really
going
from
14
or
something
to
six
or
it
looks
like
less
than
that,
so
maybe
eight
to
six
or
ten
to
six.
But
so
I
think
it
is
a
minimum
variance
okay,
but
anyone
else
can
weigh
in
on
that.
G
A
G
A
D
G
C
C
The
opponent
is
requesting
a
variance
from
acc
23.10.01
table
a
scheduled
full
controls
to
allow
a
front
setback
of
six
feet
where
25
feet
is
required
and
a
47
percent
building
lot
coverage
where
30
percent
is
a
maximum
allowance
and
also
a
stipulation
on
this.
Granting
of
variance
that
would
include
that
the
porch
not
being
closed
and
only
be
one
story.
High.
A
All
right
looks
like
it
passes,
five
to
zero
and
the
variance
is
granted.
We
do
have
one
other
bit
of
business,
which
is
to
approve
last
month's
minutes
from
october.
I
think
we
all
were
present,
and
so
there's
enough
of
us
to
do
that.
Would
someone
please
make
a
motion
to
approve
the
minutes
as
presented.