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From YouTube: Athens Board of Zoning Appeals - September 14, 2021
Description
Athens Board of Zoning Appeals - September 14, 2021
A
A
literal
enforcement
of
these
regulations
will
result
in
practical
difficulty
or
undue
hardship
that
is
unnecessary
to
the
achievement
of
public
purposes.
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.
A
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.
A
Any
person,
resident
or
officer
department
or
appointed
body
of
the
city
of
athens,
agreed
to
buy
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
The
first
is
for
the
property
at
63
south
court
street,
then
for
the
property
at
12
to
14
north
court
street,
the
property
at
355,
east
state
street
and
finally
28
south
may
avenue.
The
board
is
required
to
take
testimony
under
oath.
Would
anyone
wishing
to
speak
concerning
any
item
on
the
agenda?
Please
stand.
A
Do
you
swear
or
affirm
that
any
testimony
that
you
will
present
to
the
board
will
be
the
truth,
the
whole
truth
and
nothing
but
the
truth.
Thank
you
so
case
number.
One
63
south
court
street
applicant
is
requesting
a
variance
from
athens
city
code,
23101,
table
b
off
street
parking
to
allow
20
remote
parking
spaces
where
40
parking
spaces
are
required,
and
this
is
a
revised,
a
revision
of
a
case
that
we
had
heard
previously.
Mr
riggs,
do
you
have
yeah.
B
To
wait
a
year
to
come
back
unless
it's
been
a
substantial
change,
so
one
of
the
first
things
you'll
have
to
decide
as
a
board
is.
Is
this
a
substantial
change
from
the
zero
parking
requested
they're
now
asking
for
to
allow
20
spaces
where
40
are
required?
So
one
of
the
first
things
the
board
will
need
to
do
is
determine
if
this
is
a
substantial
or
significant
change
to
the
permit
that
was
denied
or
a
bz8
case.
It
was
denied
previously.
A
A
E
E
You'll
see
that
basically,
the
existing
use
of
the
building
was
obviously
mercantile
on
the
first
floor
previously
from
the
bookstore,
which
is
still
the
the
current
goal,
would
be
to
get
a
future
retailer
back
in
that
space.
So
there
would
be
no
change
of
occupancy
on
the
first
floor
and
then
the
drawings
include
the
renovations
to
put
the
housing
on
the
second
and
third
floor
of
the
building.
E
The
also
on
the
esc
sheet,
sd
1.3,
there's
just
an
aerial
map
of
the
subject:
property
to
the
parking
spaces
that
can
be
obtained
in
a
lease
agreement
for
the
property
all
of
the
bed.
All
of
the
units
are
either
efficiency
or
single
bedroom
units.
There's
not
a
single
two
bedroom,
three
bedroom,
four
or
five
bedroom
apartment
in
the
building
currently
on
the
drawings
and
there's
no
plan
to
do
so.
E
E
We
have
looked
into
you
know,
possibilities
of
additional
items
being
able
to
get
parking
on
site
very
difficult.
Major
structural
changes
to
the
building
would
need
additional
ingress
and
exit,
which
would
potentially
take
city
parking
spots.
To
give
us
curb
cuts
to
even
attempt
to
provide
parking
at
the
building.
E
F
E
A
E
A
E
The
initial
thought
was
that
was
not
the
intent
for
them
to
put
the
parking
lot
in
was
for
rental
spaces.
They
need
the
parking
themselves
for
their
own
events
and
and
different
things
to
out
so
to
allocate
their
new
parking
lot
to
other
outsides.
Would
then
you
know
kind
of
eliminate
the
reason
they
did
what
they
did
with
their
new
parking
lot
for
their
own
use.
A
A
I
And
while,
during
my
presidency
the
merchants
uptown
the
continual
concern
they
had
was
parking.
The
number
of
parking
spaces
that
were
dedicated
on
union
street
to
food
buggies,
the
number
of
parking
spaces
that
were
dedicated
to
commercial
trucks,
to
load
and
unload
for
the
extended
period
of
time
that
it
was
every
day
it
seemed
like
right
in
front
of
their
business.
I
The
free
parking
the
city
gave
during
christmas
break
to
encourage
shopping,
which,
unfortunately
ended
up
being
employees
of
businesses
of
the
university
would
park
on
port
street
and
there
was
no
parking
for
their
customers.
So
that's
why
the
city
actually
did
away
with
that
and
gave
free
parking
in
the
city
parking
garage,
okay,
to
try
to
encourage
parking
close
to
the
businesses.
I
I
think
I
can
speak
probably
better
than
anybody
in
this
room
as
to
student,
rentals
and
I'll
do
respect
to
mr
deluca.
I'm
a
lot
older
than
him.
I've
been
doing
this
for
41
years.
There
is
a
higher
percentage
of
students
today
that
own
cars
than
ever,
whether
that's
right
or
wrong,
is
a
rebel.
That's
reality,
okay
and
they
want
parking
and
if
there
is
no
parking
on
site
for
those
tenants,
whether
there's
20
of
them
or
40
of
them-
and
there
could
be
40
if
it's
120
square
foot
bedroom.
I
Eventually,
you
could
just
have
two
people
there:
okay,
but
whether
it's
20
or
40,
you
have
to
have
some
place
for
them
to
unload
groceries,
because
they're
going
to
go
to
kroger
or
someplace
they're,
going
to
buy
their
groceries
in
the
evening,
typically
come
and
unload
them
park
on
court
street
or
union
street,
and
they
say
well
they're
not
giving
out
tickets
now
so
I'll
move.
My
car
in
the
morning
morning
ends
up
being
noon.
Okay
and
the
car
is
still
there.
I
I
see
it
on
court
street
at
my
office
constantly
okay
cars
that
are
ticketed
because
not
every
day,
but
a
lot.
Okay,
I
have
a
sincere
interest
in
seeing
this
building
being
developed
and
it
will
be,
I
think,
there's
the
misconception
by
some
people
that
if
we
turn
down
this
variance,
we
we
missed
our
bite
at
the
apple.
It's
never
going
to
happen,
and
that's
not
the
case
when
you
put
a
when
you
have
a
property
that
you
don't
need,
you
put
it
for
sale,
I'm
in
the
real
estate
business.
I
You
know
you
have
an
asking
price.
If
it's
not
met,
you
end
up,
reducing
it,
reducing
it
so,
eventually
there
you
come
to
terms
with
somebody
part
of
the
price
that
you
pay
has
got
to
be
contingent
upon.
What
is
going
to
cost
you
to
develop
the
building
for
your
intended
use,
and
I
think
somebody
on
the
board
had
mentioned
back
two
months
ago
that
they
hated
to
see
parking,
be
a
parking
cost,
be
added
to
their
rent
and
that's
not
the
way
it
works.
It
works
backwards.
I
You
subtract
the
cost
of
developing
property
in
the
parking
in
the
property
if
it's
on
site,
from
what
you're
willing
to
pay
for
the
property,
so
they
initially
put
the
property
on
the
market
for
three
million
dollars
minimum
bid.
Well,
nobody
bid
three
million
dollars.
So
then
they
went
the
traditional
route
where
they
listed
it,
and
somebody
said:
okay,
I'll
pay,
you
2.8
million.
I
I
I
I
That
enables
parking
to
occur
on
site
the
near
structure
of
the
building.
Now
would
there
be
expense
involved,
absolutely
you're,
cheating,
you're
flipping
ahead
to
what
else
is
in
there,
but
that's
okay.
My
intent
was
to
show
you
that
the
comment
was
made,
that
is
mercantile
and
that's
what
it
was
intended
to
be
all
alone.
I
Well,
actually,
it
was
intended
as
a
car
dealership
if
you
want
to
know
the
truth
of
it,
just
like
jonesbury
cadillac,
the
lamborne's
building,
which
my
son
developed,
which
has
parking
on
the
main
level,
but
it's
hidden
by
the
women's
clothing
store
in
front.
So
part
of
the
building
is
parking,
but
you
don't
see
the
parking
it's
behind
the
clothing
store.
This
building
is
80
300
square
feet
for
four
levels.
I
If
you
have
20
parking
spaces,
you
need
3
600
square
feet
of
parking.
Now
I
I
guarantee
you
that
I
know
that
you
eat
up
some
of
the
sport
footage
by
having
entry
in
and
out
being
able
to
turn
around.
I
know
if
you
look
in
your
packet
when
I
developed
the
bronies
building
in
order
to
comply
with
parking.
I
So
I
had
to
get
a
structural
engineer
from
rvc's
recommendation
out
of
columbus
to
come
down
and
say:
okay,
you're
gonna
have
to
put
in
steel
beams.
Look
at
my
steel
beams.
Okay,
it
was
a
big
deal,
okay,
but
I
had
to
do
that
to
comply
with
parking
and
you
need
on-site
parking.
Okay.
We
have
developed
when
I
say
we,
my
myself,
my
wife
and
my
sons,
not
only
the
jones
butte
cadillac
building,
which
is
now
bronies,
but
the
subtle
bug,
building
beside
it.
I
We
had
to
put
steel
beams
in
there
my
office
at
82,
north
court
street,
and
I
had
to
comply
with
parking,
okay
and
there's
parking
on
site,
as
well
as
within
300
feet.
I
had
to
get
a
variance
for
parking
I
owned.
I
had
to
buy
and
develop
10
parking
spaces,
indeed
restrict
them
to
that
building.
That's
the
variance!
I
got
300
feet
instead
of
250
feet,
not
10
times
250
feet,
which
is
almost
what
their
variance
is
requesting.
I
I
I
You
know
I
will
grant
you
that
it.
You
have
to
wait
for
pedestrians
and
cars
to
go
by
to
pull
out
just
like
across
the
street.
From
this
building
the
where
the
10
west
union
building
is
there's
a
driveway
is
15
feet
wide
you're,
not
taking
up
three
or
four
parking
spaces
you're,
taking
up
one
okay,
preservation
of
equal
property
rights.
I
I
I
I
I'll
skip
over
that
one
and
I'll
for
the
sake
of
brevity
skip
the
last
one.
I
guess
the
one
thing
I
would
say
in
in
summary
is:
I
think
the
board's
responsibility
is
to
grant
variances
that
will
balance
the
the
benefit
to
the
community
as
well
as
the
use
of
the
building.
I
don't
know
how
this
building
is
going
to
be
developed.
I
Okay,
but
if
you,
if
you
we're
not
here,
to
maximize
profits
for
the
current
owner,
so
that's
not
the
purpose.
If
it
takes
a
million
dollars
to
develop
on-site
parking,
then
pay
1.8
million,
not
2.8
million,
and
the
last
thing
that
you
have
in
there
is
the
article
that
I
I
got
from
the
columbus
dispatch,
which
discussed
us
a
a
development
proposed
on
around
the
campus
of
ohio
state
and
two
years
they
came
back
and
came
back
and
came
back
until
a
proposal
was
acceptable.
I
All
I'm
saying
is,
I
want
to
see
them
develop
it
or
somebody
develop
it.
I
just
don't
think
this
is
the
one
that
we
need
to
settle
for,
where
there's
no
parking
under
ownership,
the
lease
parking
is
2300
feet
away
and
there's
no
parking
on
site.
None
of
those
things
make
sense
for
the
merchants
in
the
uptown
area.
Thank
you.
A
I
A
I
Live
with
that,
if
they,
if
you,
if
you're
referencing
the
planning
commission's
proposal,
I
will
be
totally
surprised
if
they
grant
or
that
passes
when
you're
saying,
if
you're
within
1500
feet
of
the
public
bus
or
the
public
transit
okay.
Basically,
that
means
nobody's
going
to
be
required
to
have
parking,
so
not
only
a
new
development
won't
be
able
to
won't
need
to,
but
current
property
will
not
need
to
either.
It
says
without
a
parking
study,
well
you're,
just
headed
for
for
court.
I
If
you
try
to
make
an
existing
property
owner
like
myself
or
mr
deluca
or
anybody
else
have
to
comply
with
a
parking
study
that
you
haven't
even
defined
who's
going
to
do
the
study.
What
are
the
grounds-
and
why
would
we
have
to
when
somebody
coming
in,
to
develop
something
new,
doesn't
have
to
do
anything
except
be
within
1500
feet
of
public
transit?
That's
ridiculous!
I
I
C
I
They
right
across
the
street.
Okay,
you
know
at
10,
west
union.
They
have
a
driveway
that
goes
back
for
parking
and
they
go
in
and
out.
I
haven't
heard
of
any
student
desks:
okay,
broken
legs
or
car
accidents
there.
Now,
if
there's
been
any
they've
been
in
the
paper,
okay,
so
yeah
you'll
have
to
you'll
have
to
you
know,
use
caution
going
in
and
out,
but
it's
not
like
they're
going
in
and
out
with
their
car
five
or
six
times
a
day.
F
B
I
B
E
Just
a
couple
of
addressing
remarks
that
were
made
a
couple
of
the
subject:
properties
that
were
discussed
mainly
the
corner
of
court
street
at
the
bronies
location
building,
is
already
elevated
in
the
rear
of
the
building.
And
there
is
a
alley
access
at
that
area,
and
there
was
already
some
condition
of
existing
accessible
parking
in
that
building
prior
to
modifications
for
additional
parking.
E
This
building
would
be
much
more
of
an
undertaking
to
attempt
to
even
get
below
the
building.
As
I
said,
you
would
have
to
make
entrances
that
would
go
down
approximately
14
feet
in
height,
which
takes
quite
a
bit
of
footage
to
get
down
which
would
not
allow
you
to
then
serpentine
back
around
and
come
out
at
the
similar
entry
points.
E
E
You
would
not
obtain
very
many
parking
spots
as
well
and,
like
he
made
a
point
to
of
how
much
the
cost
of
that
work
is
and
with
the
structure
of
this
building.
It's
concrete
columns
and
beams
that
are
in
some
spans
with
clay
tile,
supporting
slab
work
and
the
structural
changes
would
be
very,
very
dramatic
and
very
very
costly
and
well
above
1
million
or
2
million
dollars
to
complete
that
work
to
even
try
to
make
it
happen.
G
E
One.
Other
thing
that
just
a
little
rebuttal
in
the
comment
was
is
that
you
know
lease
parking,
but
then
he
made
the
statement
of
he
leases
parking.
So
at
some
point
one
way
or
the
other
there's
leasing
of
parking,
install,
not
owned
by
either
himself
or
whomever
is
leasing
the
spots
for
him
for
other
locations.
B
B
A
So
it
seemed
that
there
was
agreement
that
this
was
a
substantial
enough
change,
that
we
could
consider
this
case
in
less
than
a
year
from
when
it
was
first
presented.
So,
let's
vote
to
see,
if
we
agree
with
that
that
we
should
hear
the
case
and
consider
the
case.
Please
raise
your
hand
if
you
agree
with
that.
H
A
A
A
With
it
being
said
that
this
question
of
less
parking
is
a
very
important
one,
and
it's
something
that
is
obviously
going
to
be
addressed
over
the
next
couple
of
years
in
a
lot
of
situations,
preservation
of
equal
property
rights,
does
a
literal,
inter
terrification
of
the
regulations,
deprive
the
opponent
of
rights
commonly
enjoyed
by
others
in
the
same
zone
in
the
same
vicinity
and
wield
granting
a
variance
not
confer
on
the
applicant
any
special
privilege
denied
to
other
properties.
Well,
it's
been
argued
that
it
certainly
does
grant
a
privilege.
F
G
A
Although
we
are
finding
that
buildings
intended
for
various
uses,
they're
standing
empty-
yes,
including
the
apartments
on
carpenter
and
grovner,
which
we
granted
a
variance
for
some
years
ago-
and
there
still
is
no
business
on
the
ground
floor
level.
There
never
has
been
on
there
a
couple
storage
zone
apartments
there.
So
we
may
be
seeing
more
of
that.
H
A
C
A
A
H
D
A
D
I
think
one
thing
that
that's
happened
even
in
this
discussion
is
that
the
mixing
of
the
discussion
about
on-street
parking
versus
off
street
parking
they're
not
really
the
same
thing
at
all.
And
while
I
agree
maybe
a
little
bit
with
some
of
the
statements
today,
that
some
students
will
have
to
use
temporary
parking
on
street
to
be
able
to
offload
groceries
and
things
leaving
their
car
and
getting
ticketed.
Every
night
is
not
going
to
happen,
and
I
don't
see
where
that's
going
to
really
impact
parking
in
uptown.
D
I
think
one
reason
mr
wharton
probably
is
finding
a
lot
of
students
coming
to
him
because
he
has
parking
available.
So
he's
he's
got
probably
a
good
situation
where
he
can
lure
students
that
need
parking,
but
not
every
student
needs
parking
and
I
think
this
property
owner
could
potentially
lure
different
students
and
I
think
that's
a
reasonable
thing
to
do.
A
A
A
B
Yeah,
so
this
is
a
this
is
an
old
structure
that
originally
had
rental
units
or
residences
on
the
second,
I
think
second
floor
and
no
parking
was
not
was
required
as
it
was
grandfathered
in
from
long
from
long
history,
they
decided
to
make
some
requests
to
make
some
changes
to
add
an
additional
unit
upstairs
that
that
voids
their
their
grandfathering.
So
they
need
to
come
to
see
you
for
a
variance
for
that.
B
H
E
So
then
the
five
bedroom
apartment
that
we
are
trying
to
start
the
project
on
would
then
require
five
additional
spots.
The
difference
in
this
variance
request
versus
the
previous
one
is
this.
One
is
only
a
variance
request
for
the
distance
to
have
remote
parking
instead
of
on
site.
The
parking
would
be
at
a
property
owned
by
the
same
property
owner.
However,
it
would
be.
C
G
A
I
feel
it
is,
though,
if
mr
deluca
is
going
to
speak,
he
probably
should
come
up
to
the
podiums,
but
you
don't
have
to
do
that
right
now.
I
mean
it's
just
up
to
you,
but
just
for
the
record,
it's
better
to
have
someone
on
camera,
and
so
on
so
my
question.
So
this
is
we.
This
was
postponed.
We
didn't
hear
this
at
all
before
right
now,.
C
A
E
The
construction
of
the
apartments
has
also
not
begun,
so
there's
still
a
good
bit
of
time
period
for
design
and
state
submission
and
all
of
those
things
that
have
to
be
dealt
with
before
we
could
even
begin
construction
on
the
apartment.
So
there
should
be
plenty
of
time
to
achieve
finishing
the
parking
area
prior
to
the
space
being
occupied.
B
A
L
H
A
A
G
G
A
G
H
G
A
A
A
A
A
B
Yeah,
so
this
is
the
this.
Is
that
section
of
the
code
that
says
that
eating
and
drinking
establishments,
drive-in,
drive-throughs
and
eating
and
drinking
places
are
permitted
in
a
b3,
provided
that
they're
at
least
200
feet?
That's
the
main
building
is
at
least
200
feet
from
any
r1
or
r2
zone,
and
in
this
case
it's
114
feet.
So
it
just
misses
that.
A
J
F
K
F
K
G
F
D
D
F
A
A
A
D
It's
not
quite
as
close,
but
it's
out
of
the
200-foot
zone,
but
you
know
just
down
the
street.
There
is
at
least
one
other
example
that
must
have
been
gotten
given
a
variance
would
be
village
bakery
yeah,
it's
60
feet
from
my
measurement,
at
least
if
that
from
our
one
zone,
that's
on
the
same
street,
just
in
the
b1
zone,
down
the
street,
so
at
least
there's
one
other
example
that
must
have
been
granted
a
variance
to
exist
there,
and
so
that's
one
example,
at
least
of
a
similar
type
of
business.
A
A
D
A
F
B
Yeah,
so
this
actually
is
I've
been
intending,
and
I
haven't
done
it
yet
to
do
a
little
faq
on
setbacks
for
corner
lots,
because
that's
what
we
have
here
so
because
this
address
is
on
may
street.
The
front
yard
is
the
setback
from
may
back
and
then
the
second
front
yard,
or
the
second
main
yard
on
elmwood-
is
half
of
that
distance.
B
That
the
front
setback
is
so
the
front
set
back
is
25
feet
here.
We're
going
to
have
half
of
that
distance
again
and
the
actual
the
house
actually
sets
just
about
on
that
setback.
They're
asking
to
go
all
the
way
to
their
for
you
to
allow
them
to
go
all
the
way
to
their
property
line,
and
then
they
may
additionally
ask
to
go
and
take
some
of
the
right
of
way
as
a
special
use
of
the
right
way
permit,
which
is
going
to
go.
B
G
B
Just
about
where
the
house
is
so,
it's
12
and
a
half
feet
from
the
house
to
their
property
line,
they'd
like
to
take
the
fence
out
at
least
to
their
property
line
and
then
farther
into
the
right
of
way,
which
would
be
a
separate
permit.
What
we're
looking
at
is
just
the
piece
that
goes
from
their
house
out
to
the
end
of
the
property
line
on
elmwood
and
then
run
down.
It
could
run
down
elmwood
or
extend
past
that
so
basically,
they
would
have
zero
setback
on
that.
A
B
B
G
B
M
M
So,
as
you
all
have
discussed,
this
is
for
a
fence
to
be
erected
in
the
city
right
of
way,
and
I
prepared
for
you
all
sort
of
a
a
narrative,
but
I
can
just
sort
of
give
you
the
broad
strokes.
The
highlights
from
that
ostensibly,
as
was
mentioned,
there
is
a
significant
amount
of
mature
landscaping
in
the
city
right
of
way,
and
so
the
goal
here
is
to
more
or
less
follow
the
line
of
those
bushes
and,
first
and
foremost,
they
don't
exceed.
M
M
The
second
piece
of
that
is,
of
course,
constructing
the
fence
along
the
the
house
line
would
also
kind
of
make
it
hard
to
manage
the
space
between
the
mature
landscaping
and
the
fence,
so
that
is
sort
of
a
practical
hardship
for
us.
We
also,
I
also
included,
for
you
all,
some
photos
of
other
properties,
some
literally
actually
too
literally
right
across
the
street
from
mine
which
have
six
foot
four
foot,
I
think
four
or
five
foot
and
then
one
six
foot
directly
across
the
street
again
running
along
elmwood.
M
M
A
M
M
So
the
reason
there's
a
the
diagram
is
from
a
surveyor
is
because
the
land
was
surveyed
and
it
was
determined
that
the
neighbor's
fence
to
the
north
encroaches
on
the
property,
and
so
we're
also
kind
of
interested
in
pushing
our
fence
over,
so
that
we
can
have
full
access
to
to
the
property,
since
some
of
it
is
encroached
upon.
So
I
have
a
copy
of
the
easement.
If
that
would
be
useful.
How.
F
M
M
M
Yes
yeah,
so
there
are
bushes,
going
pretty
much
running
on
both
sides
of
the
property,
both
on
the
encroaching
fence
and
on
the
elmwood
side.
So
we
would
like
to
maintain.
I
mean
those,
though,
that
again
we'd
like
to
maintain
as
much
mature
landscaping
as
we
possibly
can,
of
course,
in
collaboration
with
or
whoever
we
go
with
to
build
the
fence,
but
that's
our
that's,
ultimately
our
goal.
D
D
D
A
A
C
B
Suggest
this
is,
this
is
actually
two
pieces.
What
she's
looking
for
is
a
variance
to
allow
her
to
go
up
to
the
edge
of
her
property.
What
we're
talking
about
what
you
guys
are
talking
about
is
if
she
extends
that
into
the
right
of
way.
Is
that
going
to
create
a
sight
distance
problem?
That's
actually
going
to
have
to
be
approved
that
right
away,
it's
going
to
have
to
be
approved
by
city,
council,
yeah
and
then
we'll
look
at
we'll
we'll
talk.