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From YouTube: Athens Board Of Zoning Appeals - July 13, 2021
Description
Athens Board Of Zoning Appeals - July 13, 2021
A
A
The
board
consists
of
five
members
and
two
alternates,
the
alternates
taking
full
part
in
the
discussions
and
becoming
a
voting
member
in
the
absence
of
a
member
or
when
a
member
of
stains
for
conflict
of
interest
present
tonight
are
members
joe
kraus
and
alternate
member
aaron
thomas,
who
will
be
a
voting
member
tonight,
I'm
lisa
carson.
The
acting
chair
also
present
is
zoning
administrator.
Mr
david
riggs,
we
have
only
three
members
present.
A
A
D
A
Would
have
three
years,
I
know
it's
really.
I
don't
know
what
to
say
about
that.
We
usually
do
have.
A
A
And
applicable
fact
applicable
facts
or
conditions
returning
to
potential
sorry
pertaining
to
the
case.
The
appellant
or
their
representative
will
give
reason
why
their
argument
should
be
viewed,
favorably
and
I'm
skipping
the
rest,
because
there
won't
be
any
reading
of
letters
in
favor
or
post
or
testimony
in
favor
of
post,
because
this
is
not
a
variance
request.
It's
an
interpretation
request,
so
we
are
here
just
to
make
an
interpretation
of
what
the
zoning
administrator
has
determined
about
this
question
of
eating
and
drinking
establishments.
A
So
after
everyone
speaks
who
is
meant
to
speak,
the
testimony
shall
be
closed
and
the
board
will
deliberate
and
render
a
decision.
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
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
There
is
only
one
case
on
tonight's
agenda
and
that
is
concerning
the
property
at
333
east
state
street.
The
board.
Excuse
me:
the
board
is
required
to
take
testimony
under
oath.
Would
anyone
wishing
to
speak
concerning
any
item
on
the
agenda?
Please
stand
if
you're
going
to
speak,
you
gotta,
that's
you
guys
yeah!
Please
stand.
A
A
To
go
to
the
podium
in
just
a
moment:
sorry
about
that.
So
this
regarding
this
property
at
333
east
state
street,
it's
a
b3
business
zone.
A
So
at
this
point,
if
mr
riggs
has
any
comment
to
make
about
his
judgment,.
E
Yeah
this
is
this
is
part
of
the
powers
of
the
board
appellate
jurisdiction,
where
you
can
tell
me
whether
my
interpretation
of
this
section
of
the
code
is
part
of
b3
zones
where
eating
and
drinking
establishments
are
permitted
with,
but
they
have
to
be
at
least
200
feet.
The
principal
building
has
to
be
at
least
200
feet
from
any
residential
zone
that
doesn't
occur
in
this
particular
case.
So
the
question
is:
is
this
an
eating
and
drinking
establishment?
We
don't
have
any
definition
of
that
and
are
codified
in
the
city's
codified
ordinance.
A
That's
very
clear,
so
we
have
to
decide
the
three
of
us
whether
we
think
a
carryout
qualifies
as
an
eating
and
drinking
establishment.
According
to
the
code
alrighty,
and
now
we
can
hear
testimony
from
the
appellants
if
whoever
wishes
to
speak
could
go
to
the
podium.
B
B
So
in
the
first
year
we
we
lost
a
lot
of
business
because
we
run
the
food
truck
only
so
we
have
to
think
about
what
we
kind
can
do
in
the
winter
time,
and
then
that
is
when
the
storefront
coming
in,
and
it's
not
just
that
we
used
acenet
for
our
operation
before
and
if
you
know,
acenet
has
135
businesses
and
since
it's
a
shared
kitchen,
sometimes
it's
a
critical
time
when
you
have
to
run
for
the
event
that
you
have
to
serve
5000
people
for
your
food
truck.
B
You
can't
really
work
with
many
facility
or
many
business
together
at
one
time
in
the
kitchen
and
that's
why
we
have
the
idea
that
we
have
to
have
a
commissary
for
our
food
truck
to
be
able
to
prepare
the
food
for
our
food
truck
so
doctor
meets
our
kitchen.
Storefront
served
to
purpose
to
be
a
commissary
for
the
food
truck,
that's
mainly,
and
whenever
the
food
truck
cannot
let's
say,
operate
for
the
business.
B
We
have
to
find
the
income,
which
is
we
cook
the
food
and
put
it
in
the
scrap
and
go
cooler,
which
you
probably
able
to
see
from
the
picture
that
we
attach
and
that
and
that
how
we
sell
the
food
and
and
make
income
for
the
business
during
the
winter
time-
and
I
remember
we
walked
to
the
court
office-
I
mean
me-
walked
to
the
court
office
and
one
of
the
officer
asked
me
because
I
applied
for
the
paddler
license
for
the
food
truck.
Since
we
get
that
property.
B
We
know
it's
going
to
take
some
time
before
we
can
move
the
storefront
into
the
building.
So
the
only
way
that
we
can
afford
to
pay
the
state
at
ace
net,
which
we
still
have
some
space
in
that
and
the
mall
and
the
new
property
is
we
have
to
have
an
income
right
away,
which
is
we
still
can
operate
from
the
food
truck.
B
So
we
do
the
paddler
license,
and
I
remember
I
don't
remember
the
name
but
and
I
tried
to
look
online
but
there's
no
picture
on
the
website
of
the
code
office,
but
I
remembered
how
he
looked
and
he
asked
me
what
I
would
like
to
do
with
that
building
and
he
said
that.
Do
you
know
that
you
cannot
do
drive
in,
and
I
said
we
never
want
to
do.
Drive
in
this
is
not
our
business.
Do
you
know
that
you
cannot
do
drive-through,
and
I
say
I
never
do
drive-through
and
we
cannot
do
that.
B
I
said
you
know
you
cannot
have
a
sit-in
and
I
say
we
never
have
a
sit-in
and
we
never
want
to
and
say:
oh
so
you
should
be
okay
and
now
it's
come
to
my
surprise
that
I
have
to
be
here
today
for
the
interpretation
and
actually
I
have
been
told
that
I
have
to
go
to
variants
and
that's
why
I
have
emailed
mr
mayor
to
ask
like
I'm
not
sure
how
to
understand
the
situation,
because
my
business
is
pretty
pretty
neat
and
and
different,
so
I'm
not
sure
how
we
would
fit
in
the
drive-through
drive-in
and
eating
and
and
drinking
as
a
bleachman.
B
B
So
I'm
not
sure
how
how
that
would
would
fit
into
that
and
that's
why
I
think
it's
better
to
understand
what
is
the
definition
of
eating
and
drinking
establishment
for
athens
city,
because
I
feel
it's
not
it's
for
only
my
business
but
for
the
future
business.
I
look
for
the
destination
on
the
internet
and
I
found
so
many
state
and
town
and
the
one
in
ohio
is
only
from
cincinnati.
B
So
so
I
don't
have
the
one
from
athens
yeah
and
to
me
as
a
non-english
speaker,
eating
and
drinking
is
a
word
of
action.
B
B
We
not
even
serve
like
fork
or
spoon
unless
you
you
ask
for
that,
which
is
not
my
main
purpose
and
I
look
for
the
the
meaning
of
when
in
the
usc
in
the
legal
information
institute,
it
say
the
majority
of
the
raw
square
feet
of
the
space
that
is
used
for
that
purpose.
B
But
can
you
move
the
share
from
my
business?
Can
you
move
the
eating
and
drinking
out
of
my
business?
Would
that
affect
my
business
because
no
one
eating
and
drinking
at
my
business,
but
thinking
the
other
way
around?
If
you
move
the
table
out
of
mcdonald's
or
some
drinking
our
space
from
casa?
Would
that
affect
the
business?
B
B
And
during
the
time
of
the
pandemic,
that
what
you
call
like,
an
order
from
the
the
governor
divine
that
have
the
eating
and
drinking
establishment
to
prohibit
or
stop
serving
the
food
on
their
premises.
B
D
F
F
A
F
B
We
have
the
walmart
right
now
we
don't
have
to
move
food
from
asia
anymore,
because
we
passed
the
level
three
yeah
and
actually
our
kitchen
didn't
even
have
a
hood.
Okay,
if
you
know
that
we
didn't
even
have
food,
so
we
able
to
warm
soup
or
curry
or
something
like
and
put
in
the
container,
so
people
can
take
out
and
that's
the
only
way
doctor
made
thai
kitchen
make
money
during
winter
time,
because
we
can't
do
food
truck
anymore.
Mostly,
our
food
truck
can
run
this
year.
B
We
try
until
november,
but
that's
it
because
when
you
grill
the
chicken
and
put
in
the
warmer
you
either
have
to
heat
it
so
so
hot
to
keep
it
hot
and
dry,
your
chicken
out
or
you
have
to
keep
it
a
little
lower,
but
the
chicken
get
cold
and
even
the
time
you
take
it
out
from
the
warmer
and
put
on
the
tray
and
hand
to
people
some
people
even
walk
back.
Hey,
we
buy
you
a
hot
food.
Why
you
serve
me,
the
cold
chicken?
So
it's
like
it's!
F
B
B
Yeah
and
and
right
now,
if
we
look
at
the
newest
grant
from
the
state
of
ohio,
they
have
the
new
business
grant
and
the
word
they
use
is
food
and
beverage,
which
is,
if
you
talk
about
food
and
beverage
doctor
made
thai
kitchen
will
be
fit
100
because
it's
not
just
about
eating
right.
If
you
see
food,
that
is
food,
it's
not.
B
B
A
People
sitting
down
to
eat
right.
I
think
that
the
point
that.
A
D
B
C
When,
when
I
walked
past
it
yesterday,
there
were,
are
there
a
couple
picnic
tables
outside
in
the
back.
C
B
B
And
soon
we
not
have
the
food
truck
in
the
winter
docebo
not
going
to
be
there.
E
E
D
E
A
D
Piece
of
code
yeah
to
get
this.
F
B
F
E
We've
had
lots
of
talk
about
that
as
well
because
of
the
uber
and
the
the
food
service
where
people
are
picking
up
and
then
doing
deliveries
grub
hub
and
that
kind
of
stuff
we're
going
to
have
to
modify
our
code
to
account
for
these
new
things
that
are
coming
up.
C
C
Everything
is
changing
and
we
don't
want
to
see.
F
C
C
A
Yeah
I
was
wondering
if
and
there's
any
more
testimony,
if
you
either
of
you,
would
like
to
add
anything
at
this
point
before
we
close.
D
D
It's
as
may
stated
earlier
not
to
cover
too
much
recovery
too
much
ground,
but
she
said
this
is
something
where
it's
not
we're
not
going
to
be.
The
last
folks
asking
this
question
and
from
my
standpoint,
I'd
like
to
have
an
idea
of
what
our
next.
D
You
know
whatever
we
need
to
do
and
if
that's
you
know
to
approach
this
from
a
variance
standpoint
or
to
reach
out
to
you,
know
the
community
and
kind
of
get
a
sense
of
of
the
atmosphere,
and
I
know
that's
not
part
of
the
interpretation,
but
we've
we've
received
quite
a
bit
of
positive
feedback
so
far,
and
so
I
haven't,
I
haven't
really
heard
anything
negative
yet
and
so
that
that's
you
know
that
definitely
encourages
me
and
but
you
know
looking
at
this
and
saying
you
know
it
would
be
a
commercial
kitchen
it'd.
D
Be
that
just
what
we
had
in
the
paperwork
there
that
we
showed
the
pictures
of
it
does
have
a
you
know:
cooking
there
with
it,
it's
a
hoodless
system.
So
it's
actually.
I
don't
know
if
you're
familiar
with
those
but
they're
an
alternative
to
installing
a
hood
and
you
know
blowing
stuff
outside.
So
if
that's
any
indication
of
the
type
you
know
type
of
operation
that
we
run,
I
think
you
know
that's
in
in
may
said.
You
know
it.
D
Never
was
our
intention
to
have
a
sit
down
when,
when
I
read
the,
I
don't
have
the
code
right
in
front
of
me,
but
that
particular
piece
of
code
it
said
drive
in
drive
through,
like
driving
kind
of
like
the
the
sonic.
You
know
and
nelsonville
kind
of
you
know,
driving
drive
through
and
then
eating
and
drinking.
And
what
pop
you
know
I
thought
of
immediately
was
drinking
as
when
I
say
I'm
going
drinking,
it
doesn't
mean
I'm
going
to
have
a
soda.
D
It
means
I'm
going
to
the
bar
to
have
a
beer
or
something
you
know
alcoholic
beverage,
but
that's
that's
kind
of
my
my
two
cents,
my
take
on
it,
but
once
I
started
to
look
into
it,
I
saw
that
the
definition
was
anything
and
everything
anybody
wanted
to
interpret
on
there
all
the
way
to
the
prepackaged
foods
and
things
that
people
were
selling
and
and
and
when
I
look
at
the
tax
code
and
the
regulations
that
we
have
to
meet
there.
D
As
far
as
when
we
file
taxes
and
when
we
we
actually
are
a
licensed
business
in
west
virginia,
for
example,
and
their
their
prepared
foods
are
taxed
there
opposed
to
here
in
ohio
food,
any
type
of
food
is
not
taxed
unless
it
has
some
type
of
a
syntax
attached
to
it
like
sugar
added
beverages.
D
So
if
you
sell
soda,
for
example,
again,
for
example,
your
you
know
being
that
it
has
sugar
added,
it
is,
is
taxed
differently,
and
so
you
have
different
reporting
responsibilities
so
from
the
things
may
mentioned,
and
the
other
that
sam's,
if,
if
you're
not
familiar
with,
is
the
federal
role
so
yeah
just
see
yes,
I'm
I'm
not
sure
everyone
is
familiar.
I
it's
it's
quite
a
lengthy
process
too,
but
that
allows
you
to
bid
on
federal
government
contracts
and
so
anyhow,
you
know
this.
D
Looking
at
those
in
their
definitions,
it
didn't
take
out
is,
is
it
seems,
like
it's,
not
an
eating
and
drinking
establishment
to
me,
but
you
know
that's
not
my
place
to
decide.
So
you
know
to
me
it
means
the
other.
You
know
sit
down
restaurant
full
service,
you
know,
or
even
alcoholic
alcohol,
that
sort
of
thing
and
and
when
we
drill
down
into
some
of
the
zoning
aspects
of
it
and
the
the
the
thought
behind
it,
it's
to
preserve
the
residential
neighborhood.
Not
you
know.
So.
D
If
we
sell
alcohol
there
we
going
to
have
people,
you
know
popping
open
their
bottle
hanging
out
on
the
curb
or
this,
and
I
see
a
lot
of
places
where
that
sort
of
situation
could
arise,
but
they
have
fences
or
they
have
some
sort
of
other
mechanism
in
place
to
kind
of
say
corral,
but
to
prohibit
people
from
going
directly
from
the
retail
space
to
the
the
residential
space.
Those
sorts
of
things
so
were
there
anything.
D
F
D
To
yeah
well
and
actually,
when
you
get
to
the
state,
I
look
at
some
of
the
ohio
revised
code
and
they
have
some
on
food
safety,
and
I
pulled
that
up
and
it
says
a
commercial
kitchen.
There
is
no
you're
not
allowed
to
eat,
there's
no
eating
and
drinking
or
tobacco
use
in
the
commercial
kitchen,
and
it
says,
except
in
designated
areas
or
capped
containers.
D
So
that's
like
you
know
you
take
basically
it's
water,
so
people
don't
get
dehydrated
while
they're
working-
and
so
you
know
to
say
it's
an
eating.
A
commercial
kitchen's,
an
eating
and
drinking
establishment
would
kind
of
go
against
what
the
ohio
revised
code's
saying:
you're
not
allowed
to
eat
in
the
kit
in
the
commercial
kitchen,
except
with
the
exclusion
of
the
designated
area
for
the
employees.
A
So
I
think
we're
done
so.
We
need
to
have
a
motion.
I
guess
the
motion
john,
is
suggesting
here
that
the
motion
could
be
made
to
either
agree
with
the
decision
of
the
code
office,
which
would
be
to
say
that
this
is
an
eating
and
drinking
establishment
and
therefore
is
prohibited
or
to
disagree
with
the
decision
of
the
code
office,
which
would
be
supporting
the
appellant's
view
that
they
are
not
an
eating
and
drinking
establishment,
but
only
carry
out
and
therefore
not
prohibited.
D
A
And
I
also
agree
to
disagree
with
the
city,
so
you
do
have
the
interpretation
that
you're
looking
for
and
city
council
is
probably
hopefully
we'll
be
looking
into
this,
because
there
are
some
big
changes
in
our
world:
we're
not
going
to
do
approval
of
the
minutes
because
we
don't
have
enough
of
the
members
present
who
attended
and
voted.