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From YouTube: Athens Board of Zoning Appeals June 1, 2021
Description
Athens Board of Zoning Appeals June 1, 2021
A
A
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A
A
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.
So
those
of
you
who
are
going
to
speak,
we
will
give
you
a
time
and
at
that
time
you
can
speak
if
necessary.
The
appellant
or
the
representative
will
offer
concluding
summary
or
rebuttal
remarks.
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A
And
so
a
special
meeting
should
be
held
and
interested
parties
notified,
along
with
the
notices
required
by
the
athens
city
code.
I
then
asked
for
a
legal
opinion
from
our
law
director
and
she
provided
and
the
details
and
the
entire
opinion
is
posted
on
their
website.
So
if
you
have
any
questions
you
can
refer
to
that.
D
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A
A
structure
coverage
of
forty
percent,
where
thirty
percent
is
the
maximum
total
lot
coverage
of
91
percent,
where
60
percent
is
the
maximum
and
a
variance
from
acc
230401
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
C
C
C
The
variance
we're
asking
for
is
nothing
more
than
rights
that
neighboring
properties
enjoy
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,
this
property
mirrors
the
same
use
that
we
are
proposing.
C
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C
C
C
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C
F
C
H
A
H
H
I
should
be
sh
sharing
my
screen
now.
Is
that
correct
wait?
A
second
there
we
go.
I
should
be
sharing
my
screen
now
we
see
that
so
you
do
great.
Thank
you.
So
the
the
b1
zone,
as
for
the
latest
city
of
athens
zoning
map,
is
this
area
here
in
blue
and,
as
you
can
tell,
the
area
surrounding
it
is
the
is
the
r1
zoning
area,
the
area
in
detail,
the
the
blue
that
I
recently
showed
you
is
now
outlined
here
in
pink.
H
C
A
H
All
of
the
other
items,
all
the
other
properties
have
lot
size
issues,
lot,
widths,
setbacks,
lot,
size,
etc,
etc,
but
tower
270
does
meet
all
of
the
requirements,
and
when
we
did
this,
we
if
these
were
single
family.
If
these
were
houses,
we
took
them
into
consideration
that
they
would
have
to
be
zoned
in
the
r1
zoning.
H
When
we
were
designing
the
the
schematic
layout
of
a
potential
build
out
here,
the
the
idea
was
to
create
privacy
for
young
professionals
for
the
elderly,
and
so
the
intent
was
to
intentionally
create
these
balconies.
So
they
would
be
a
distance
away
from
their
neighbors
to
help
give
them
the
effect
that
their
you
know,
that
is,
it
is
their
own.
H
So
with
the
I
this
current
plan,
the
the
intent
would
be
the
front
here
that
would
be
facing
state
street
would
definitely
remain
a
business
with
the
art
deco
design
that
kurt
mentioned
earlier,
and
then
this
site
over
here
close
to
the
parking
lot
that
that
opens
up
quite
nicely.
That
would
be
of
interest
to
a
potential
office
or
business
where
this
one
over
here
was
due
to
the
proximity
of
the
neighboring
area,
that
this
is
a
much
more
difficult
area.
H
We
did
some
research
on
the
athens
comprehensive
plan
and
I
know
we
spoke
last
time.
There
was
a
question
about
the
the
lack
of
quality
housing,
but-
and
someone
from
the
university
I
I
would
presume,
was
the
one
that
noted
that
ohio
university
experiences
difficulty
attracting
faculty
and
staff
to
athens
because
of
lack
of
quality
housing
options.
H
H
We
see
this
as
a
sustainable
project,
retaining
a
an
iconic
building,
providing
more
dense
housing
in
an
area
that
can
accommodate
dense
housing
with
a
large
parking
lot.
That
parking
lot
that
is
currently
under
utilized
certainly
would
be
in
walking
distance
to
a
nice
grocery
store
and
other
amenities,
very
close
to
state
street
certain
items
in
athens
that
they
wanted
to
be
more
of
a
pedestrian
city
and
so
putting
more
people
closer
to
such
amenities
would
certainly
allow
those
to
come
to
fruition.
H
H
You
know,
potentially
stay
in
athens
and
work
for
ohio
university
or
even
better,
yet
work
for
a
a
business.
That's
starting
up
here
in
athens
because
that's
as
you
read
through
the
comprehensive
plan,
which
I'm
sure
you
all
are
very
well
aware
of
that
that
housing
is
one
of
the
reasons
they
don't
say
and
as
a
as
a
parent
with
you
know,
three
children
in
their
20s.
H
You
know
we're
very
fortunate.
We
don't
they
didn't,
have
a
lot
of
student
debt,
but
certainly
student
debt
is
a
is
a
very
large
factor
and
having
some
type
of
housing
that
would,
you
know,
be
close
to
their
home
and
maybe
they
don't
need
to
buy
a
car
or
something
like
that
might
just
be
the
thing
that
helps
them
to
get
on
their
own
feed
and
to
really
be
a
viable
asset
to
that
to
the
community
which
they
grew
up
in.
H
A
Well,
thank
you.
I
have
a
three
comments.
General
comments.
First
of
all,
we
hear
each
case
based
on
its
own
merits.
We
don't
say
just
because
this
neighborhood,
this
neighbor
or
this
other
property,
has
residential
that
we
have
to
give
you
the
variance
so
each
case
we
hear
them
independent
of
each
other.
So
we
are
not
going
to
say
all
the
cases
that
you
showed
they
may
have
been
grandfathered.
A
They
may
have
some
other
circumstances
situation,
so
we're
going
to
be
looking
at
this
case
by
itself
and
second,
we
do
not
consider
financial
gain
or
loss
of
the
owners,
so
this
is
something
we
have
never
considered
and
as
for
the
pandemic,
I
hope
it's
only
temporary,
because
the
variance
goes
forever.
It
goes
for
a
life
of
the
property,
so
that
is
not
the
case.
What
I'd
like
to
hear
more
from
you
is
that
we
are
bound
to
only
use
the
sex
criteria
that
we
have.
A
We
have
to
find
the
special
circumstances
that
applies
only
to
this
property
at
this
vicinity
and
this
zone.
That
makes
it
impossible
for
the
use
of
the
property
or
what
is
the
difficult,
the
difficulties?
The
hardship
in
there
you
know
and
and
so
forth
those
are
the
ones
that
we
need
to
ultimately
make
our
decision
based
on.
So
if
you
want
to
add
anything
in
that
regard,
that
would
be
great
and
then,
of
course,
my
colleagues
will
have
some
questions
for
you.
C
I
C
I
F
A
A
C
C
C
Currently,
the
parking
lot
is
actually
at
a
higher
elevation
than
what
the
actual
finish
floor
is
on
the
first
floor
and
the
reasoning
of
that
is,
we
have
a
lot
of
excessive
drainage
that
comes
off
of
patton
street
and
unfortunately,
it
ends
up
in
our
parking
lot.
So
what
the
previous
property
owner
did
was
had
some
new
concrete
cord,
which
you
can
see
to
help
the
drainage
issue
that
comes
off
of
the
city
streets
and
in
doing
so
he
had
there
is
a
an
existing.
C
I
think
it's
approximately
it's
a
minimum
of
16
inches,
if
I
remember
correctly
variance
and
elevation
so
that
really
limits
what
we
can
do
on
what
I
would
call
an
accessible
side
of
the
building.
Otherwise,
you
know,
if
we're
not
provided
this
variance,
and
you
say:
hey,
you
have
to
have
commercial
space
here,
no
matter
what
which
is
basically
what
this
board
would
tell
us.
C
What
you're
telling
me
then,
is
that
we're
gonna
have
to
create
some
form
of
commercial
access
to
the
rear
of
this
structure
at
an
alleyway,
and
I'm
not
really
sure
that
the
community.
Well,
personally,
I
I
don't
think
that's
one.
I
don't
think
it's
realistic.
I
don't
from
a
used
point
of
view
number
two.
C
Great
great
question:
actually
the
first
floor
currently
does
have
some
windows
to
the
rear
of
the
alley.
So
there
are,
there
are
windows
and
there
are
actually
two
doors
that
egress
more
of
emergency
ax
exits,
currently
as
they're
set
up,
is
actually
what
they
are
with
the
main
entrance
coming
off
the
front
of
these
things.
C
The
traffic
access
is
primarily
off
of
east
state
street
and
I
don't
know
if
you're
used
to
viewing
the
property
of
access
to
property
yourself.
The
natural
progression
is
from
east
state
street.
You
come
onto
the
side
alley
between
us
and
what
I
call
a
village
bakery,
and
you
would
immediately
turn
right
into
the
parking
lot.
C
One
of
the
concerns
that
laura
brought
up
with
me,
which
I
think
she
had
addressed
her
concerns
for
center.
A
question
was
concerns
with
the
alley.
Use
and
a
lot
of
those
are
more
of
maintenance
use,
there's
actually
a
lot
of
ice
in
that
alleyway.
That
goes
back
to
the
drainage
issue.
We
have
off
the
hillside
that
all
the
neighboring
properties,
including
ours,
contend
with.
A
J
J
They
are
excited
about
adding
more
housing
in
an
area
where
people
who
would
be
able
to
go
to
the
grocery
store
and
take
the
bus
and
so
on,
excited
about
ada
compliant
housing,
of
which
there
is
apparently
a
great
shortage
in
this
town.
I'm
sympathetic
to
all
of
that,
but
I
have
to
repeat
what
I
said
the
last
time
we
considered
this,
that
those
are
actually
not
things
that
we
as
a
zoning
board,
are
even
really
permitted
to
consider.
J
So
we
have
to
in
granting
a
variance.
We
have
to
consider
specific
aspects
of
the
property
and
I'll
read
from
the
code.
It
says
prevailing
conditions
that
create
undue
difficulty
or
hardship
are
strictly
limited
to
those
exceptional
situations
where,
owing
to
special
conditions
of
the
property
in
question,
for
example,
exceptional
narrowness,
shallowness
unusual
shape
on
the
effective
date
of
the
zoning
code
or
exceptional
topographic
conditions,
or
owing
to
extraordinary
situations
or
conditions
on
the
property
immediately
joining
the
piece
of
property
in
question.
J
J
My
question
is
whether,
as
the
zoning
board,
we
can
appropriately
say.
Well
all
these
arguments.
People
are
making
about
needing
more
units,
and
this
that
and
the
other
are
really
relevant
to
problems
attached
to
the
property.
But
mr
mantle,
you
did
bring
up
this
question
of
the
topography
and
the
drainage
from
patton
street,
and
so
on.
I
I
mean
I
personally
am
not
comfortable
considering
all
these
other
elements,
because
I
don't
think
that
they
are
with
under
the
authority
of
the
of
the
zoning
board
of
appeals.
J
C
I
understand
your
concerns.
We
feel
like
we're
pigeonholed,
you
know
we're
we're
trying
to
develop
a
property
that
we
don't
feel
as
if
we
have
any
opportunity,
but
to
come
to
the
variance
board.
We
feel
as
if
this
is
our
last
resort,
and
that's
why
we
were
here
for
the
second
time
in
regards
to
you
know
I
can.
I
can
reiterate
that
the
topographic
issues
that
we
have
the
the
water-
I
don't
know
if
you
can
visually
view-
the
property.
C
C
But
what
I'll
tell
you
you
know
in
my
point
of
view,
when
you
talk
about
a
general
nature,
you
know
we're
going
to
talk
about
a
use
or
of
general
nature
within
this
b1
zone.
I
do
not
understand
how
this
board
can
ignore
that
there
are
two
existing
non-conforming
properties
that
would
make
our
application
of
a
general
nature.
C
J
Well,
I
guess
I
would
just
add
to
that
that
so
that
is
not
among
our
findings.
You
know.
Do
we
look
at
other
properties
because
in
fact
it
does
matter
if
they've
been
grandfathered,
so
that
means,
if
they're
grandfathered,
if
they
were
then
to
pursue
a
different
use,
they
would
have
to
come
before
the
board
as
well
right.
J
You
know,
in
terms
of
number
of
units,
a
less
restrictive
control
of
that
that's
the
code.
You
know
it's
because
it's
an
r1,
that's
a
that's
adjoining
that
it
has
to
be
less
restrictive.
I
mean
more
restrictive.
The
city
council
can
change
that.
I
mean
if
everyone
is
on
board
with,
we
need
more
housing.
J
We
need
more
multiple
units
in
these
areas
that
are
next
to
you
know
single
family
dwellings,
etc,
etc.
That's
something
that
the
town
can
take
up
and
do
something
about.
It's
not
really,
in
my
opinion,
not
really
something
the
board
of
zone.
Zoning
appeals
is
meant
to
promote
in
any
way
because
our
jurisdiction,
if
you,
if
that's
what
it's
called,
is
much
narrower
than
that.
H
So
so,
preservation
of
equal
property
rights,
so
so
potentially
kindred
market
has
been
there.
It's.
My
understanding.
Kinder
market
has
had
rental
units
on
the
second
floor
for
for
many
many
years,
so
that
sounds
like
that
could
potentially
be
grandfathered
in,
but
the
the
ones
down
at
the
corner
of
state
and
in
madison
it's
my
understanding.
Those
are
those
are
more
than
single
family
residents,
so
I
I
guess
I
would.
H
It
seems
to
me
that
that
would
be
a
a
preservation
of
equal,
equal
property
rights
if
that
those
properties
in
a
b1
zone
are
allowed
multi-family
housing.
I'm
not
sure
why
this
one,
I
guess
the
that's
my
understanding.
Those
properties
do
not
have
a
business
associated
with
and
then
and
this.
What
we're
asking
for
here
is
that
this
property
would
still
have
at
least
two
businesses
still
associated
with
it,
that
you
know
that
face
the
the
main
corridor
of
of
this
area.
J
I
take
your
point
and
and
sorry,
if
can
I
go
ahead
and
answer
john
sure
I
do
take
your
point.
It
is
true
that
a
variance
was
granted
to
them
and
I
haven't
revisited
the
case
and
I
don't
know
what
the
arguments
were,
but
I
would
point
out
that
it
could
also
be
argued
that
this
is
becoming
of
a
general
nature
right,
that
there
are
more
they're
going
to
be
more
developers
that
are
going
to
come
forward
and
say
we're
really
not
able
to
find
commercial
tenants
for
these
buildings.
J
We
need
to
be
able
to
put
residences
in
there
and
that's
something
that
I
I
think
city
council
should
then
change
the
code
to
make
it
more
flexible
and
allow
allow
that
so
so.
I
would
argue
that
if
you
do
point
at
other
properties
that
have
the
ability
that
you're
looking
to
have,
then
then
it
does
start
to
look
like
it
is
of
a
general
nature
and
something
needs
to
be
done
about
it,
something
more
than
us
granting
variance
after
variance
to
people.
The
code
can
be
changed
to
accommodate
these
housing
needs.
H
A
Those
those
rights
were
either
grandfathered,
they
are
using
in
the
past
or,
as
ms
carson
said,
there
would
be.
You
know,
circumstances
that
we
don't
know
at
this
point.
You
know
why
they
have
or
they
have
not.
So
we
don't
want
to
give
any
more
privilege
to
one
property
and
by
the
way,
if,
if
those
other
properties
are
a
grandfather,
they
want
to
have
a
renovation
like
you
are
doing
and
change
the
use
of
the
business
or
add
or
bring
more
residential.
A
A
A
H
A
H
Well,
I
don't,
I
don't
think
I'm
arguing
with
you
either,
I'm
just
saying
I'm
just
just
presenting
presenting
the
information
that
that
we
have
and,
of
course
this
is
narrow.
It
may
not
be
perfect,
but
but
the
dark
red
line
is
the
is
the
setback
in
this
area
and
and
right
here
is
mr
montal's
property,
and
you
can
see
the
the
b1
zone
in
this
area
and
you
can
see
the
the
houses
across
the
street,
which
is
all
all
r1,
which
is
all.
H
B
A
G
A
I
A
C
From
my
personal
point
of
view,
when
I,
when
I
read
in
the
code
section
23.07
23.07.08
and
I
scroll
down
to
g
and
we're
talking
about
this
references,
application
and
standard
standards
for
variances
and
every
everyone
can
interpret
this,
how
they
like
by
simply
reading
the
code,
the
granting
of
the
variants
requested
will
not
confer
on
the
applicant
any
special
privilege
that
is
denied
by
this
regulation.
To
other.
F
C
A
We
are
going
to
read
the
letters
after
we
hear
from
the
audience.
So
please
raise
your
hand
if
you
have
on
your
screen.
If
you
have
a
hand
and
then
ryan
is
going
to
let
you
in
and
unmute
yourself
and
speak
your
case
and
also
if
you
are
hearing
that
somebody
else
has
already
mentioned
something
has
made
a
point.
We
don't
need
to
repeat
the
same
thing.
So
if
you
have
something
new
to
add,
please
do
so
just
for
the
sake
of
time.
Thank
you.
F
F
L
Noah
noah
tremblay
enterprises.
I
live
at
70,
55,
north
blackburn
road
good
evening.
Ladies
and
gentlemen,
my
name
is
noah
tremblay,
I'm
the
ceo
of
noaa
trembley
enterprises,
where
an
athens-based
consulting
firm.
We
offer
a
variety
of
services
related
to
accessibility
and
inclusion
of
people
living
with
disabilities.
L
L
L
The
first
reason
was
finally
seeing
a
local
property
management
company
trying
to
add
handicap
accessible
and
age-friendly
units
as
one
of
the
main
elements
of
this
project
at
280
east
state.
Furthermore,
I
was
impressed
that
they
would
be
nicer
high-end
units,
even
in
this
day
and
age.
There
is
a
lot
of
stigmatism
still
surrounded
around
people
living
with
disabilities.
L
I
have
been
in
affordable
housing,
commission
meetings
where
we
were
talking
about
accessible
housing
and,
sadly,
a
couple
of
my
colleagues
on
that
commission
still
associate
accessible
housing
with
low
income
housing,
which
is
just
wrong
accessible
housing
is
a
very
hot
topic.
With
the
affordable
housing
commission,
we've
discussed
a
variety
of
different
strategies
to
get
accessible
housing
and
base
friendly
rental
housing
stock
up
in
our
community.
L
That
is
a
very
rough
task
to
do.
At
one
point,
we
were
talking
about
drafting
and
orders
that
would
require
property
management,
companies
and
landlords
that
owns
a
certain
number
of
rental
units
within
the
city
to
have
a
certain
number
of
accessible
units
as
well.
One
of
the
options
that
was
discussed
was
20.
L
We
decided
that
we
couldn't
do
that.
This
closed
project
is
a
total
number
of
eight
residential
rental
units,
with
three
of
them
being
handicapped,
accessible
and
age-friendly.
Units
that
comes
out
to
being
38
of
the
residential
portion
of
this
project
are
accessible
units
that
is
impressive
and
forward-looking
and
really
needed
in
our
city.
L
L
We
think
of
the
whole
person
that
includes
physical
comfort,
as
well
as
mental
comfort.
With
that
said,
I
already
suggested
to
mr
creed
that
we
put
security
cameras
in
the
common
areas.
These
units
would
be
two
bedroom
units
with
1
100
square
feet
each.
This
sounds
pretty
spacious
to
me,
especially
considering
I
currently
live
in
a
three-bedroom
house
that
is
just
over
one
thousand
one
hundred
square
feet.
L
Speaking
of
my
house,
it
was
remodeled
last
year
to
be
fully
a
b
a
accessible.
Well,
I
can't
even
open
my
own
kitchen
cabinets
with
my
assistance.
My
colleagues
will
have
some
of
the
nicest
most
accessible
units
in
town.
As
you
can
see.
I
support
this
project
and
urge
the
support
of
those
that
live
on
the
near
east
side
and
in
the
city
of
athens
and
ask
the
board
to
vote
to
allow
all
variances
so
that
this
project
may
go
forward.
M
Okay,
don
linder,
I
live
at
40
stroudsron
road,
athens,
ohio.
Unfortunately,
I
haven't
listened
to
the
whole
meeting
so
far,
but
I
did
have
a
couple
rudimentary
questions
of
the
board.
It's
been
referred
to
that
this
is
contiguous
to
a
r1
zone
and
I
have
been
in
front
of
the
zoning
board
of
appeal
a
number
of
times
in
the
past,
where
precedent
was
set,
that
if
there's
a
thoroughfare
between
a
zone,
there
is
a
separation
and
it
is
not
deemed
to
be
contiguous.
D
M
I
and
I'll
comment
on
that
that
is,
that
has
been
disputed
in
the
past
and
I
can
specify
some
projects.
One
was
the
merchant's
bank
on
stenson
avenue,
which
there's
a
10-foot
alley
as
well
as
a
thoroughfare
separating
zones,
and
that
was
determined
with
the
bordezone
appeal
relative
to
lack
of
argument.
That
really-
and
I
think
what
I
hear
you
saying,
mr
riggs-
that
there's
nothing
that's
in
the
zoning
board
of
appeals
that
or
the
zoning
code
that
does
clarify
that
action.
M
M
J
M
What
if
there
was
a
football
field
in
between?
Is
it
still
adjoining
because
that's
a
public
use
place
and-
and
I
believe
that
if
you
look
back
in
precedent-
and
I
can
get
the
the
the
dates
and
the
times
of
decision
making
that
this
has
been
decided
in
the
past,
that
a
thoroughfare
whether
it's
a
road,
a
highway
a
park,
does
not
create
contiguous
land
to
or
adjoining
land
to
a
zone.
J
M
J
Okay,
so
the
question
in
my
mind
is
it
seems
very
clear
to
me,
as
I
interpret
the
code,
that
what
they're
talking
about
is
that
the
b1
district,
what
kinds
of
residential
uses
are
permitted
will
be
based
on
the
resident
residential
district
that
is
next
to
it
closest
to
it
whatever.
So,
if
you
so,
the
question
is:
are
you
saying
that,
because
there's
an
alley
or
whatever
that
that
means
what
would
that
mean
for
the
b-1?
It's
not.
M
J
J
Is
the
clear
is
with
the
clear
intention
of
the
code?
I
think
that
you
might
do
well
to
approach
city
council
and
point
out
that
you
feel
that
requiring
residences
in
b1
or
even
b1
zones
to
follow
the
restrictions
or
uses
permitted
in
the
adjoining
jump
zones.
If
you
think
that
that's
unreasonable,
you
should
probably
have
them,
rewrite
it
or
clarify
it
in
some
way.
I.
M
Don't
I
don't
think
that
that's
not
really
the
course
of
action
in
in
this
sort
of
proceeding.
It
would
be
to
challenge
it
and
it's
not.
It's
not
counsel
that
you
challenge
it's
a
legal
account.
It's
a
legal
counsel,
challenge
and-
and
you
know,
I'm
not
threatening
or
anything
else.
I
just
think
it's
totally
unfair.
M
M
So,
but
I
think
in
I'd
like
to
speak
in
favor
of
this
project
because
it
is
allowing
for
a
mixed
use,
application
in
a
neighborhood.
That's
both
mixed
use
and
diverse,
and
it
can
most
not
only
complies,
but
it
conforms
to
what's
in
its
surroundings
and
and
it's
it's
a
good
thing
and
it's
beneficial
to
the
community.
It
is
really
what
the
athens
community
should
be
standing
for
is
is
to
both
be
fair,
equitable,
diverse
and
and
meeting
the
needs
of
a
diverse
population.
That's
the
mission
of
athens.
M
M
A
L
I
A
Okay,
we
have
some
letters
in
here
lisa,
you
have
the
same
list
of
the
letters
in
the
same
order
of
the
date
right,
yeah,
okay,
I'll
read
the
first
one
you
go
to.
Second,
we
alternate
the
first
letter
for
the
variance
is
from
kathy
estrada,
estra,
esta
estrella
australi
and
the
near
east
side
resident.
A
I
am
constantly
impressed
by
the
high
quality
they
put
into
all
of
their
properties
and
then
goes
on
the
property
they
would
like
to
upgrade
on
east
estate
street
known
as
the
larry
conrad
building
is
another
opportunity
to
keep
athens
moving
forward.
The
montel
family
mentioned.
They
would
like
to
keep
their
current
unique
style
of
the
building
while
regard
upgrading
it.
I
have
been
told
they
are
hoping
to
invest
in
ada,
accessible,
rentals
there.
This
seems
like
an
ideal
location
to
this.
J
So,
okay,
the
next
one
that
I
have
is
for
on
5
21
from
shelby
rhodes,
is
that
what
you've
got
yeah?
Okay,
so
he
says,
please
know
that
I
support
the
variance
approval
for
case
2104v
at
280
east
state
street,
because
I
believe
that
the
city
of
athens
desperately
needs
more
housing
and,
in
particular,
ada
compliant
age,
friendly
and
wheelchair
accessible
housing.
Thank
you
very
much
for
your
consideration.
Exec
mr
shelby
rhodes,
executive
director,
havar
inc.
A
A
Montale
llc
deserves
the
same
rights
afforded
to
other
property
owners,
which
includes
myself
in
the
b1
zone.
Those
rights
include
multi-unit
residential
use
in
a
non-conforming
building.
The
granting
of
the
variance
will
not
be
detrimental
to
the
area.
In
fact,
it
will
help
create
much
stronger
community
at
this
minimum
variance
is
the
least
the
city
can
provide
a
business
owner
navigating
through
these
most
unprecedented
times.
J
J
J
May
23rd
2021
to
the
members
of
the
athens
city
board
of
zoning
appeals.
I
had
planned
to
attend
the
last
meeting
via
zoom
on
may
11th,
but
was
unable
to
do
so
because
the
zoom
link
was
not
functioning.
So
I
appreciate
the
bza's
decision
to
have
a
special
meeting
to
provide
people
with
the
opportunity
to
provide
input.
I
live
at
271
east
state
street,
which
is
located
directly
across
the
street
from
the
parking
lot
of
280
east
state.
J
J
So
I'm
not
surprised
that
the
demand
for
professional
space
in
athens
is
down
or
that
the
owner
is
seeking
to
repurpose
a
portion
of
the
space
to
another
use.
The
property
does
not
have
the
high
ceilings
on
the
first
floor.
That
would
enable
the
conversion
of
the
entire
footprint
to
retail,
as
was
done
for
kindred
market,
although
it
could
potentially
be
divided
into
several
smaller
retail
spaces.
J
However,
I
would
see
a
conversion
of
the
less
functional
back
portion
of
the
building
to
a
separate
low-end
retail
services
use
as
highly
undesirable
due
to
the
types
of
tenant
that
this
square
footage
might
attract.
If
we
tell
mr
mantle
that
he's
free
to
use
the
space
for
a
lower
value
purpose,
we
shouldn't
be
surprised
if
he
does
so.
J
J
Two
exceptional
circumstances
that
do
not
apply
to
other
properties
in
the
area.
Mr
leatherwood
says
the
current
property
is
quote:
grandfathered
to
permit
a
parking
lot
lacking
green
space
along
east
state
street,
and
this
is
unsightly.
The
requested
variants
will
remediate
this
problem
through
the
addition
of
a
long
row
of
small
trees,
low
hedges
and
or
pyramidal
shrubs
along
the
front
of
the
parking
lot,
which
would
do
a
lot
to
improve
the
viewscape
of
the
neighborhood.
These
circumstances
are
relatively
unique.
J
J
J
H
Have
them
I
have
a
copy
of
the
letter,
and
I
have
a
I
have
a
second
page
of
that.
I
can
certainly
read
that
for
us.
Yes,
please,
three
preservation
of
equal
prop.
This
is
a
continuation
of
mr
leatherwood's
may
23rd
2021
letter,
aaron,
leatherwood
item
number.
Three
preservation
of
equal
property
rights
will
a
failure
to
grant
the
variance
deprive
the
property
of
rights
which
other
nearby
b1
properties
have
similarly
will
granting
the
variance
give
the
property
any
news.
Any
special
new
privileges
he
responded.
Kindred
market
is
next
door.
H
It
has
a
slightly
smaller
footprint
and
houses
12
people
on
the
second
floor.
Similarly,
the
floral
shop,
at
the
other
end
of
the
same
b1
zone,
was
redeveloped
in
the
last
few
years
to
house
a
similar
number
of
tenants.
I
don't
see
this
as
all
that
different
four
minimum
variance.
Is
this
the
minimum
variance
necessary?
H
Will
the
proposed
variants
harm
neighboring
properties?
He
responded.
The
property
is
already
grandfathered
for
nearly
100
lot
coverage
and
almost
no
green
space.
The
proposed
variants
brings
other
aspects
of
the
property
closer
in
line
with
city
code
by
adding
green
space
to
the
front
of
the
property,
five
absence
of
detriment.
H
He
responded.
It's
always
easy
to
imagine
everything
continuing
as
it
is
today,
but
things
change.
I'm
aware
that
the
bza
doesn't
explicitly
consider
whether
a
property
owner
can
earn
an
adequate
return
on
his
investment
in
deciding
to
grant
a
variance.
However,
we're
at
a
point
where
the
site
would
benefit
from
reinvestment.
H
If
the
site
doesn't
receive
reinvestment,
it
will
stagnate,
and
this
could
accelerate
a
condition
of
urban
blight.
We
accordingly
need
to
seek
a
balance
between
approaches
which
balance
the
risk
of
future
detriment
from
continuing,
as
is
against
the
risk
of
future
detriment
posed
by
the
proposed
variants
living
across
the
street.
I
can
see
these
arguments
from
both
sides.
However,
kurt
and
teresa
montal
have
been
a
blessing
to
the
near
east
side.
They
did
an
outstanding
renovation
at
169,
east
state
street
and
built
two
quality
new
rentals
at
12
and
16
south
shannon
street.
H
They
have
also
invested
heavily
in
elmwood
street.
He
is
exactly
the
type
of
developer
that
we
should
be
encouraging
to
make
thoughtful
investments
in
our
neighborhood,
rather
than
seeing
this
as
an
opportunity
to
stop
development.
I
am
asking
the
bza
to
see
this
as
an
opportunity
to
encourage
this
development
and
engage
in
a
dialogue
with
kurt
montal
around
how
this
can
best
be
accomplished,
thanks
in
advance
for
your
consideration,
aaron
leatherwood.
A
J
K
K
Traditionally,
most
apartment
construction
has
catered
to
undergraduate
needs
in
highly
concentrated
undergraduate
locations.
Additionally,
the
inclusion
inclusion
of
three
physically
challenged
departments
provide
additional
choices
to
those
community
members,
as
there
are
typically
limited
choices
for
that
product.
K
It
is
inevitable
that,
due
to
the
zoning
configurations
existing
in
the
city
of
athens
that
occurrences
of
previously
zoned
b
properties
are
adjacent
to
r1
neighborhoods.
Our
company
developed
a
former
athens
flower
shop.
That
was
also
a
b-zone
adjacent
to
an
r-1
district
madison
heights
included
two
townhouses
one
duplex
and
two
single-family
building
lots.
K
Our
experience
has
been
that
there
is
significant
interest
to
reside
in
this
location,
and
our
rental
corps
has
been
professionally
has
been
professional
people,
ou
coaching
staff
and
graduate
students.
The
model
llc
development
has
adequate
off-street
parking,
which
also
eliminates
any
concern
about
the
use
of
on-street
parking
in
the
adjacent
neighborhood.
It
is
also
my
understanding
that
the
subject
building's
footprint
will
not
be
altered.
K
Finding
the
capacity
to
coordinate
the
intermingling
of
r1
and
v
districts
is
a
challenge.
Residential
apartment
development
is
a
logical
intermediary
between
these
districts.
Well-Conceived
and
developed
housing
is
critical
to
the
ongoing
development
of
the
athens
community.
Diversity
of
choice
at
different
price
points
for
those
seeking
rental
options
is
critical
and
in
need.
Yes,
this
will
be
a
neighbor
to
our
previously
developed
property
and
if
our
property
serves
as
a
roadmap
to
this
need,
approval
of
these
needed
variances
makes
sense
to
provide
important
housing
choices.
K
J
Okay,
I've
got
mark
chapman
who
wrote
on
the
26th
and
he
says
good
afternoon.
I'm
sending
this
message
to
voice
my
support
for
the
proposed
variants
and
the
project
at
280
east
state
street
as
a
resident
and
homeowner
who
has
lived
in
the
very
direct
vicinity
of
this
building
for
the
past
14
years.
I
think
that
the
plans
as
described,
will
bring
strong
improvements
to
our
neighborhood
and
valuable
investment
within
the
athens
community.
J
As
such,
I
ask
that
you
please
allow
the
addition
of
the
residential
units
to
the
building.
I
have
looked
through
the
plans
and
spoken
to
the
owner
with
the
owner
of
the
building
and
am
confident
that
the
project
will
be
done
to
the
highest
standards
and
will
benefit
many
groups
across
our
community.
Thanks
in
advance,
mark
chapman.
J
J
All
the
work
they
do
has
improved
our
neighborhoods
and
provided
excellent
housing
for
renters
the
montle
llc
company,
our
respectful
upstanding
athens
residents
and
take
pride
in
their
work.
I
couldn't
support
this
project
more,
please.
Let
me
know
if
you
have
any
questions,
best
liz
paul
on
sunnyside
drive
and
then
we
heard
larry
young's
right.
A
J
J
J
K
K
The
intention
has
also
retained
the
art
deco
style
of
the
current
building,
which
is
important
for
many
with
career
connections.
Having
moved
out
of
the
building,
it's
in
need
of
a
re-imagining.
The
rear
space
is
a
hodgepodge
of
offices
that
would
be
difficult
to
rent
to
any
business.
Not
approving
this
appeal
would
run
the
potential
risk
of
resulting
in
an
underutilized
and
potentially
empty
storefront
along
one
of
the
main
corridors
through
our
town.
K
Meanwhile,
approval
would
help
to
support
an
interesting
and
growing
area
along
east
state
street
with
the
kindred
market,
athens,
bread,
company
and
village
bakery
already
in
place.
I'd
also
point
out
that,
as
someone
who
lives
on
may
avenue,
this
is
essentially
in
my
backyard.
I
strongly
encourage
the
committee
to
approve
this
request.
Sincerely
dan
strow
29
north
may
aven.
J
Okay,
david
hayden
on
may
28th,
to
whom
it
concerns,
I'm
writing
to
express
my
support
for
the
proposed
development
of
the
commercial
property
located
at
280
estate
street
and
owned
by
montl
llc.
We've
lived
in
the
neighborhood
for
16
years
and
have
been
very
impressed
by
kurt
montal's
previous
work
on
south
shannon
he
questions
14
south
shannon.
I
believe
he
purchased
a
dilapidated
eyesore
and
replaced
it
with
two
small,
high-quality
homes
that
were
built
to
look
as
though
they'd
always
been
part
of
the
neighborhood.
J
When
we
first
moved
to
athens
in
2005
with
an
infant
daughter,
we
weren't
ready
to
be
homeowners.
There
was
an
abundance
of
student
oriented
rentals,
but
there
were
very
few
suitable
for
young
professionals
and
families.
Homes
like
these
on
south,
shannon,
clean,
updated
and
situated
away
from
the
rowdier
parts
of
town
would
have
been
ideal.
J
My
understanding
of
the
proposal
is
that
it
will
reformat
the
current
building
so
that
it
can
provide
efficient
mixed
use
with
little
outwardly,
visible
change
to
style
or
footprint.
We've
been
excited
that
there
are
now
a
few
high
quality
businesses
in
the
neighborhood,
and
we
think
that
increasing
housing
density
and
diversity
nearby
will
help
them
succeed.
J
Curt
and
montal
llc
have
a
reputation
of
doing
very
high
quality
work
and
are
being
respectful
to
neighbors
both
during
construction
and
in
the
long
term.
I've
personally
seen
a
small
but
significant
example
of
that
when
kurt
purchased
and
remodeled
his
personal
home
at
nine
south
may
he
meticulously
restored
it
retaining
all
of
its
historic
character
and
truly
improving
the
curb
appeal
of
the
entire
street.
J
At
one
point,
during
the
remodel
he
decided
to
replace
his
dry
wet
driveway,
since
it
was
in
disrepair
and
drained
poorly,
but
this
is
what
was
remarkable
to
me
at
the
time.
A
good
neighbor
would
check
in
with
the
owners
next
door
then
proceed,
but
kurt
noticed
that
his
next
door,
neighbor's
adjoining
driveway,
was
in
worse
shape.
So
he
took
it
a
step
further
and
replace
theirs
too.
J
J
Yeah,
I
can
do
that.
She
says
beth,
traggard
or
traeger
6
marietta
avenue,
athens,
ohio.
This
comment
isn't
for
or
against
just
a
concern
with
only
a
five
book,
five
foot
setback
from
the
alley.
My
concern
is
that
the
ada
apartment
residents
may
have
a
safety
issue
getting
in
and
out
of
their
homes
because
their
doors
are
so
close
to
the
alley.
There
is
light,
but
regular
traffic
on
this
alley.
Thank
you.
A
F
A
N
A
N
So,
first
of
all,
thanks
very
much
for
winding
this
back
and
and
allowing
the
public
to
participate
in
the
process.
I
understand
technology
presents
its
own
challenges
and
I
appreciate
the
fact
that
you
noticed
that
problem
in
the
previous
hearing
and
we're
willing
to
to
to
hold
this
again
so
that
everyone
can
participate.
N
So
thanks
thanks
for
that
on.
I
also
want
to
express
my
appreciation
for
the
focus
of
the
of
the
bza
on
the
statutory
requirements
in
this
case.
That
was
my
greatest
concern.
As
I
listened
in
to
the
previous
discussion,
I
I
I
applaud
the
the
focus,
especially
on
the
exceptional
circumstance
issue.
I
I
didn't
hear
any
discussion
in
the
last
hearing
that
would
have
identified
and
and
produced
a
finding.
N
The
other
item
that
has
not
come
up
in
great
detail
in
the
conversation
so
far
and
I'd
appreciate,
hearing
further
discussion
and
ultimately
welcome
the
findings
of
the
bza
on
this
point
is
with
respect
to
minimum
variance.
You
know
we're
we're
talking
here
about
eight
apartment
units.
I
understood
from
earlier
in
the
discussion
that
these
are
two-bedroom
units.
N
I
appreciate
mr
goulsey's
comment
about
these
variances
run
with
the
with
the
property.
I
I've
been
very
impressed
with
miss
mr
mantle's
demeanor
in
these
discussions.
I
I
I
appreciate
his
track
record
in
developing
exceptional
properties
throughout
the
community,
but
the
reality
is,
as
you
mis,
as
you
stated,
mr
golzi.
These
variances
run
with
the
land
and
mr
mantle
may
or
may
not
and
likely
will
not
own
this
property
forever.
N
You
know
the
the
biggest
part
of
the
the
change
here
in
this
property
is
the
addition
of
that
second
floor
containing
five
units.
Minimum
from
my
perspective
may
conceivably
be
authorization
for
the
three
units
on
the
first
floor,
which
would
then
not
require
expansion
of
the
property
with
that
second
floor
and
the
additional
density
that
would
go
with
it,
but
I
would
welcome
and
look
forward
to
hearing
the
bza's
discussion
on
that
point.
J
Yeah,
so
she
has
an
updated
version
of
the
letter
on
may
25th
and
I'll.
Just
read
that
one
okay
yeah,
it
says,
replaces
may
8th
letter
as
a
patton
street
resident.
I
request
the
appeal
be
denied
for
the
variance
from
acc
23101
for
the
rear
setback
of
280
east
state
street,
so
she's
not
quite
clear
on
what
what
we're
talking
about,
but
I
also
request
the
appeal
for
the
variants
from
acc
230401
be
denied
for
this
property.
J
The
rear
setback
would
not
meet
the
requirements
for
the
zoning
in
this
area
and
therefore
would
not
permit
the
units
being
proposed.
Yeah,
I
see
what
she's
getting
at.
I
have
lived
in
this
neighborhood
for
18
years
and
purchased
this
property
on
three
patton
street
due
to
the
residential
zoning.
Please
deny
this
appeal,
so
this
prop
community
may
remain,
as
it
was
intended.
Sincerely.
Cynthia
wallace
love.
K
Okay,
this
is
from
deborah
crabtree
on
monday
may
10th
to
whom
it
may
concern.
I'm
writing
this
email
on
behalf
of
my
86
year
old
mother,
catherine
crabtree,
the
property
owner
of
277
east
state
street
she's
not
able
to
send
the
email
herself,
and
I
am
also
her
power
of
attorney.
These
are
her
thoughts.
K
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.
Rental
renters,
encroaching
kurt
monnell,
bought
the
larry
conrad
building
across
the
street
280
east
state
street
and
wants
to
build
several
apartments
in
one
business
in
that
space.
K
K
If
he
wants
to
buy,
build
rentals,
take
it
to
a
neighborhood
where
it
is
zoned
for
rentals
and
don't
turn
the
family
neighborhood
of
the
near
east
side
into
a
lot
of
rentals.
Catherine
would
like
kurt
model's
request
for
variance
denied.
Thank
you
for
it
for
your
consideration
in
this
matter,
deborah
crabtree.
I
am
writing
this
email
on
behalf
of
my
mother,
catherine
crabtree.
J
A
C
Sure
thing,
thank
you.
I
would
like
mr
ducey
to
know,
even
though
he
lives
across
the
the
way
there
what
he
doesn't
know,
I
guess
about
the
existing
property.
There
actually
is
an
existing
second
floor
at
280e
state
street,
it's
hard
to
see
and
it's
one
of
the
proposed
apartments
on
our
building
layout,
but
it's
not
noticeable
now.
It
is
what
I
wanted
to
point
out
in
that
regard
and
to
let
him
know
that
there
is
a
second
floor
existing
there.
C
F
A
G
G
Oh,
I
moved
to
grant
of
variance
from
acc
23.10.01
to
allow
front
setback
of
eight
feet
where
25
feet
is
required.
Rear
set
back
of
five
feet
where
30
feet
is
required,
right,
setback,
four
inches
where
eight
feet
is
required:
structural
coverage
of
40
percent,
where
30
percent
is
required,
total
coverage
is
91
or
60
percent
is
required
and
variance
from
acc
23.04.01.
G
A
E
A
E
A
Good
very
good,
so,
let's
go
to
again
I'm
going
to
read.
According
to
athens
city
code,
section
2307,
10
c
variances
from
the
code
shall
not
be
granted
unless
the
board
makes
a
specific
findings
of
fact,
based
directly
on
the
particular
evidence
presented
to
it
that
the
standards
and
conditions
imposed
in
this
title,
if
applicable,
have
been
met
by
the
app
by
the
applicant.
A
So,
for
example,
we're
going
to
go
for
the
exceptional
circumstances.
If
you
find
any
exceptional
circumstances
to
this
property,
then
then
we
discuss
it
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.
E
E
A
Okay,
anyone
else,
let's
go
to
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.
E
E
Yeah,
I
mean,
I
think
we
disagree,
or
I
disagree
with
what
you
and
lisa
have
articulated
on
this
issue.
I
think
that
it
is
relevant.
However,
it
happened
that
kindred
market
and
the
the
madison
heights
development
on
the
corner
of
madison
and
east
state
do
enjoy
the
variances
that
that
that's
relevant
to
this
case
know
we
disagree,
but
that's
how
I
feel.
G
E
A
A
E
I
just
wanted
to
point
out
that
you
know
we've
already
talked
about
how
there's
adequate
parking
cars
are
going
to
exit
onto
east
state
and
shouldn't
be
inconveniencing
the
budding
r1
neighborhood
properties,
and
I
also
think
that
it's
important
to
consider
that
this
talks
about
not
impairing
the
purposes
of
the
zoning
code,
but
sort
of.
I
think
it's
fair
to
think
about
what
about
how
it's
going
to
actually
honor
the
purposes
of
the
zoning
code.
E
All
the
all
the
ways
in
which
most
of
those
letters
that
were
written
talk
about
the
wonderful
high
quality,
very
much
needed
housing,
stock,
rental
stock
for
professionals,
non-students
and
alike.
That
needs
to
be
recognized
and
is
really
important.
And
I
know
that
lisa
and
you
understandably
have
talked
a
lot
about
how
we're
restricted
as
the
board
of
zoning
appeals
highly
restricted,
as
we
consider
the
six
categories
but
we're
sort
of
in
between
what
the
you
know.
E
However,
whoever
writes
the
code
can
do
and
how
quickly
they
can
act
and
the
needs
of
both
businesses
and
homeowners
who
want
to
make
improvements
in
their
homes.
And
this
is
such
an
outstanding.
In
my
view,
and
really
different
kind
of
project,
I
think
it's
better
for
us
to
err
on
the
side
of
being
a
little
too
lenient
in
order
to
achieve
what
it
the
potential
that
this
project
has,
which
we
don't
often
see.
To
this
extent,.
A
J
I'm
very
sympathetic
to
all
the
points
that
have
been
raised,
but
I
personally
feel
compelled
to
vote
no,
and
I
just
want
to
add
that
I
I
don't
think
that
liking
a
project
or
thinking
of
project
is
of
value
is
really
up
to
us.
I
understand
why
some
others
feel
that
it
is,
but
I
I
feel
that
if
we
have
so
many
problems
with
getting
commercial
properties
in
these
places,
we
have
housing
issues.
We
have
ada
housing
issues.
J
E
A
A
A
A
J
A
And
I
also
want
to
add
that
we
try
to
accommodate
them
as
soon
as
possible.
You
know-
and
this
was
the
first
opportunity
that
we
could
hold
the
meeting.
We
didn't
want
to
have
any
hardship
on
hearing
the
case.
It
is
a
process
that
we
have
to
go
through.
We
have
to
publicly
inform
and
get
the
case
going,
so
this
was
the
earliest
time
we
could
have
waited
till
next
week,
but
then
we
wanted
to
actually
give
you
extra
week
of
before
we
get
to
the
next
one.