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From YouTube: Athens Board of Zoning Appeals - April 13, 2021
Description
Athens Board of Zoning Appeals - April 13, 2021
A
A
President
tonight,
our
members
miss
lisa,
carson,
mr
joe
cross,
miss
kate,
housley
and
alternates
are
mr
aaron.
Actually,
mr
thomas
is
not
here
yet,
but
mr
robert
de
lac
will
be
a
voting
member
tonight
I
am
john
golzi.
The
chair
also
president,
are
the
zoning
administrator.
Mr
david
riggs
and
secretary
ms
kerry
yake,
as
well
as
the
government
channel
team.
A
A
The
appellant
or
their
representative
will
give
reason
why
the
appeal
should
be
viewed
favorably.
Anyone
wishing
to
speak
in
favor
of
the
request
will
be
heard.
Anyone
wishing
to
speak
in
general
comment
will
be
heard.
Anyone
wishing
to
speak
in
opposition
will
be
heard
if
necessary,
the
appellant
or
the
representative
will
offer
concluding
summary
or
rebuttal
remarks.
A
According
to
athens
city
code,
section
230703
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.
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
B
A
Okay,
very
good.
We
assume
anybody
who
is
testifying
is
under
oat.
A
Mr
richard
schultz
is
the
appellant
appellant
is
requesting
a
variance
from
acc
23
1001
table
a
bulk
controls
to
allow
a
minimum
lot
width
of
40
feet
where
60
feet
is
the
required
the
to
allow
a
rear
setback
of
19
feet
where
40
feet
is
required
to
allow
lot
coverage
of
71
where
60
percent
is
the
minimum.
Is
the
maximum
allowed
for
new
construction
of
four
two
bedroom
apartments
with
eight
parking
spaces?
A
So,
mr
riggs
anything
you
would
like
to
add
before.
C
C
Good
evening,
councillor
chairman
galzi,
the
appellant
has
got
two
parcels
on
this
lot
and
it's
a
very
odd
shaped
lot.
It
is
actually
part
of
the
old
town,
so
so
the
existing
code
for
the
minimum
lot
width.
These
lots
were
planted
long
before
that
happened
and
then
they're.
What
they're
trying
to
do
is
they've
got
some
space
in
the
back
and
they're
trying
to
utilize
that
space.
A
If
I
remember
correctly
in
the
past,
when
they
proposed,
like
maybe
eight
parking
a
space,
we
would
consider
eight
times
one.
India
is
180
square
feet
which
in
this
case
becomes
1440,
but
they
have
3200
calculated.
Is
that
covers
like
anything
else,
mr
briggs.
C
Yeah
that
should
include
the
the
parking
and
the
building
both
on
there.
You're
gonna
see
a
little
bit
bigger
parking
square
footage
because
it's
angled
parking,
instead
of
instead
of
90
degree
parking.
That
causes
the
spaces
to
be
a
little
bit
larger.
But
I
believe
that
that
impervious
count
is
the
building
and
the
parking.
B
A
A
B
My
address
is
41228
gibson
ridge,
road,
albany,
ohio,
four,
five,
seven
one
zero,
and
so
I
I
can
begin
the
dialogue
here
by
saying
that
we
had
submitted
a
previous
plan
to
the
code
office.
They
reviewed
it.
B
Our
lot
coverage
as
far
as
the
building
was
concerned
was
larger
and,
and
we
had
a
less
of
a
setback
we
you
know
they
returned
it
to
us.
I
went
in
I
shrank
the
footprint
of
the
building,
so
we
could
have
a
19
foot
and
20
foot
rear
set
back.
B
I
brought
the
lock
coverage
down
under
the
40
for
the
building
and
we
changed
the
parking
to
angle
to
initially
we
had
10
spaces,
but
we
changed
it
to
an
angle
parking.
So
there
was
better
maneuverability
to
get
in
and
out
of
those
spaces
and
reduce
it
to
eight
that
still
meets
the
minimum
code
for
the
apartments.
B
You
know:
we've
looked
at
a
couple
of
ways
of
putting
a
building
on
this
site.
I
believe
this
is
the
best
use
of
the
site
for
a
building
that
would
have
apartments
that
have
good
living
area.
Nice,
good-sized
bedrooms,
some
balconies
and-
and
I
would
just
say
you
know
when
you
look
at
the
drawing
and
look
at
the
site-
it's
extremely
difficult
to
fit
things
on
there
and
meet
the
city
code
with
the
non-conforming
law.
D
A
No,
I
got
a
question
and
I'm
going
to
ask
the
members
if
they
have
any
questions
when
you
submitted
the
original
plan
and
obviously
would
have
been
refused
as
the
second
one
did.
So
what
did
you?
What
made
you
think
that
the
reduction
that
you
made
was
any
improvement,
and
why
didn't
you
submit
the
original
for
their
zoning
board.
B
Well
because
the
original
are,
let
me
say
this:
the
building
initially
was
98
feet
long.
So
I
took
two
feet
out
of
each
proposed
apartment
and
reduced
the
overall
length
by
eight
feet
that
increased
that
setback
that
initially
was
11
feet
to
19
at
the
smallest
dimension.
So
we
so
they.
A
Okay,
okay,
but
you
weren't
under
the
impression
that
the
second
time
is
gonna
go
right.
E
I'm
curious
what
the
square
footage
is
for
each
of
the
apartments.
Do
you
have
that
number?
You
know.
Let
me
it's
we're
at
36
by
22.
B
So
we're
792
per
floor
and
they're
two-story
apartments,
so
we're
about
just
under
1500.,
just
under
1600
square
feet
per
apartment.
A
B
Okay,
well,
the
site
development.
This
project
will
require
at
least
300
feet
of
retaining
wall
to
create
the
parking
and
the
building
foundation.
The
hope
is
that
the
retaining
walls
where
the
building
sits
will
also
be
the
foundation
for
the
building
so
to
reduce
it
to
three
units
it.
It
doesn't
reduce
the
development
costs
of
the
site
by
any
great
measure,
so
the
the
initial
site
development
cost
is
will
be
close
to
the
same.
B
A
Have
one
last
question
or
actually
observation
in
your
deed?
I
think
there's
a
couple
of
easements
or
right
away
for
the
neighbors
for
egress
and
ingress.
E
So
can
I
follow
up
on
that
sure
I
did
notice
from
the
air
photos
that
the
drive
current
driveway
appears
to
be
mostly
at
least
the
beginning
of
it,
mostly
in
the
other
property
next
door,
and
I
was
wondering
how
that
was
going
to
work
and
it
sounds
like
there's
a
driveway
being
created
here.
That's
going
to
be
shared
between
that
property
and
this
and
that
solves
that
that
problem.
E
A
Okay,
is
there
anyone
wishing
to
speak
in
favor
of
the
request.
A
Scott
or
ryan,
if
you
see
any
anyone
raising
their
hand,
please
let
me
know
anyone.
We
don't
have
anybody
in
attendance
at
the
moment.
Oh
okay,
okay,
anyone
wishing
to
speak
in
general
comment
will
be
heard
now.
A
Anyone
wishing
to
speak
in
opposition
will
be
heard
now,
dan,
you,
I
guess
he
doesn't
want
to
speak
on
opposition.
Okay,
any
final
words,
mr
schultz,.
B
No,
I
don't
think
so.
Unless
people
have
additional
questions,
I
think
we're
good
with
our
proposal.
A
Okay,
would
anyone
would
like
to
make
a.
A
A
Okay,
rob
please
just
say
yes,
so
that
audio
would
show
rob
would
be.
Second,
okay
made
the
motion:
okay,
exceptional
circumstances,
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.
A
I
think
the
shape
of
the
lot
actually,
this.
The
lot
is
more
than
the
average
size
of
the
8000
square
feet
required
it's
about
10
000,
so
it's
larger,
but
the
shape
is
such
that
in
any
way
you
set
up
the
buildings.
I
believe
that
you're
going
to
have
a
set
up
setback
problems.
Am
I
correct,
mr
schultz,.
A
Okay,
I
tried
to
maybe
move
it
around
a
little
bit
anyway,
but
I
couldn't
come
up
with
anything
so
anything
any
other
comment
about
the
exceptional
circumstances.
A
Anyone
know
practical
difficulty
and
undue
hardship.
The
exceptional
circumstances
does
create
an
issue
in
here,
although
I
still
think
that,
with
a
smaller
project,
that
may
not
be
a
problem
that,
but
it
can
be
utilized,
as
is,
as
you
know,
maybe
give
it
a
smaller
footprint
practical
difficulty,
and
we
talked
about
that.
The
preservation
of
equal
property.
A
A
A
And
I
will
vote
yes
as
well.
Mr
schultz,
I,
when
you
know
you
have
the
variance
five
to
zero.
A
A
Or
anything
yeah
you
just
go
in
there
and
party
now:
okay,
disposition
of
minutes
from
february
9,
2021
and
miss
kay
yay.
Can
you
send
us
an
update
lisa?
You
made
some
corrections,
I
believe,
and
then
it
looks
good
to
me.
E
A
I
think
yeah,
I
think,
they're
making
a
transcript
anyway,
so
the
recordings
are
complete.
So
do
we
have
a
motion
to
accept
the
menace
of
february
nine.
A
Okay,
joe
said
yes
and
then
second.
A
Okay!
Is
there
anything
else
we'd
like
to
discuss?
Do
we
have
any
other
cases
lined
up
for
next
month,
missy.
A
D
Yet
we
do
have
some
people,
I
think
trent
de
bruyne
is
trying
to
get
something
through,
so
it
can
be
denied
and
then
they
want
to
bring
that
to
the
bza.
A
Okay,
what
is
the
last
deadline
for
applying
for
next
month?.
D
Offhand,
I
don't
have
it,
I
have
it
written.
It's
usually
a
couple
weeks
before
before
the
meeting.
E
I
noticed
that
the
planning
committee
for
city
council
is
reviewing
a
proposal
for
a
fence
to
be
installed
in
the
right-of-way,
so
they
need
some
kind
of
approval
from
city
council,
for
that
seems
as
though
that
should
be
something
that
would
invoke
the
bza,
though,
maybe
I'm
not
really
sure
why
it
hasn't
come
here
or
will
it
come
here
if
the
council
approves
it,
do
you
have
any
idea
about
that
carrie?
E
D
Off
hand,
I
do
not,
I
know
if
it's
in
the
right
of
way
the
city
council
needs
to
vote
on
that
and
and
and
take
it
in
front
of
that
I
don't
know
if
that
needs
to
go
first
or
not,
I'm
not
sure
if
mr
riggs
is
still
on
or
not,
and
he
can
answer
that.
C
Yeah
I
can
respond
to
that.
Okay.
If
a
fence
is
larger
than
six
feet
in
height,
then
it's
considered
a
structure
and
the
setbacks
would
kick
in.
If
it's
less
than
six
feet,
then
there's
other
there's
other
requirements
but
which
so,
if
the
fence
is
less
than
six
feet,
they
could
put
it
in
the
right
way
and
not
have
to
get
a
variance
from
the
poor.
Designing
appeals.