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From YouTube: Athens Board of Zoning Appeals - June 14, 2022
Description
Athens Board of Zoning Appeals - June 14, 2022
A
A
The
board
consists
of
five
members
and
two
alternates
with
the
alternates
taking
full
part
in
discussion
and
becoming
a
voting
member
in
the
absence
of
a
member
or
when
a
member
of
stains
for
conflict
of
interest
present
tonight,
our
members,
robert
de
lock,
joe
krause,
kelly,
sauber
and
kate
towsley
and
alternate
aaron
thomas,
I
am
lisa
carson.
The
chair
also
present
is
zoning
administrator,
mr
david
riggs.
A
A
A
According
to
athens
city
code,
section
23.07,
0.03
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.
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
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
A
Do
you
affirm
sorry,
do
you
swear
or
affirm
that
any
testimony
you
will
present
to
the
board
will
be
the
truth,
the
whole
truth
and
nothing
but
the
truth.
Thank
you.
Okay.
So
case
number
one
case:
2207v
13
grand
park
boulevard.
The
appellant
is
requesting
a
variance
from
athens
city
code
2303111a1
to
allow
a
two
foot
and
five
inch
side
setback
for
an
accessory
structure
where
five
feet
are
required.
C
Thanks
this
is
13
grand
park,
boulevard
is
located
in
r1
zone
and
it's
a
part
of
the
old
townsend
annexation
tract
which
was
put
in
place
years
and
years
ago.
So
these
lots
are
typically
smaller
than
what
you'd
see
today
and
their
variance
is
for
a
accessory
structure
and
acc230311a1
does
apply
for
those
accessory
structures
in
an
r1
zone.
E
A
E
The
reason
I've
come
before
you
and
thank
you
for
your
time
related
to
this
variance
is
the
as
you
could
see
in
the
file.
The
lot
currently
has
a
driveway.
That's
10
feet
wide
that
aligns
with
the
curb
cut
and
to
to
have
a
garage
on
the
property,
I'm
hoping
to
put
the
structure
in
alignment
with
the
driveway
and
the
alignment
with
the
curb
cut,
which
is
consistent
with
most
other
homes
in
the
neighborhood
that
have
a
curb
cut
and
a
driveway
and
a
garage
at
the
end
of
that
driveway.
E
It's
also
not
uncommon.
Even
on
my
locked,
the
the
neighboring
garages
in
the
rear
are
anywheres
from
two
and
a
half
feet
to
36
inches
within
the
property
line,
and
I
have
spoken
to
several
of
the
neighbors,
including
mr
guang,
who
is
next
door
and
he
supports
having
the
garage
the
torreses
on
the
other
side
also
mentioned.
They
wondered
why
there
was
never
a
garage
there
before
and
they're
glad
to
see.
E
Somebody
is
putting
a
garage
in
so
the
you
know
when
when
I
look
at
the
property,
I
would
like
to
improve
the
property
with
the
accessory
structure,
but
I'd
also
like
to
keep
the
aesthetic
for
that
lot,
as
well
as
be
consistent
with
others
in
the
neighborhood.
It
also
minimizes
the
need
for
any
further
impervious
surface,
that
sort
of
thing
beyond
the
roof
of
the
structure
itself.
F
E
E
D
E
G
A
A
Dear
members
of
the
board
of
zoning
appeals,
I
have
spoken
with
aaron
burke
regarding
his
request
for
variants
to
place
a
shed
within
two
feet:
five
inches
of
the
south
property
line
at
13
grand
park.
Boulevard
aaron
showed
me
the
proposed
location
of
the
shed,
and
I
support
his
request,
and
this
is
from
the
next
door.
Neighbor,
mr
gao
right.
So
he's
talking
about.
A
A
Okay
yeah,
so
we
have
letter
support
from
three
neighbors
is
there?
Anyone
present,
who
wishes
to
speak
in
general
comment
on
this
case
present
wish
to
speak
in
opposition
to
the
variance
okay.
If
you
don't
have
nothing
to
add,
I
will
close
this
closed
discussion
and
we
can
go
ahead
and
have
a
motion
and
take
a
vote.
H
F
D
A
Has
described
right,
okay,
is
it
the
minimum,
reasonable
variance?
Yes,
in
absence
of
detriment,
there
has
been
no
complaint
made.
In
fact,
neighbors
are
in
favor.
Is
this
up
a
general
nature?
No!
No!
Okay.
Are
you
ready
to
vote?
Yes
sure,
all
in
favor
of
granting
the
variance
at
13
grand
park?
Please
raise
your
right
hand,
that's
so
fun!
A
B
C
J
I
C
As
a
bistro,
which
is
what
they
one
of
the
things
they
said
they
wanted
to
be
was
so
if
they
were
just
simply
doing
a
a
butcher,
a
butchery
I
would
want
to
go
in
the
first
place,
but
it's
that
would
be
a
local
business.
Some
won't
be
allowed
in
this
zone,
but
because
they
also
want
to
do
kind
of
a
bistro
as
well.
We
would
consider
that
an
eating
and
drinking
establishment.
C
H
C
B
C
G
A
L
L
I
guess
you
called
the
code
office
office,
yeah,
fantastic,
so
easy,
and
you
know
first
time
I've
ever
gone
through
something
like
this,
so
they
were
extremely
helpful.
Obviously
they
they
did
a
lot
of
work
to
find
the
information
about
what
was
going
on,
and
I
just
want
to
let
you
know.
I
appreciate
that
very
much
it's
nice
to
have
an
agency
to
feel
comfortable
around
so.
L
L
I
wouldn't
be
here
today,
but
we
are
preparing
some
food
for
consumption
either
on
the
property
everything
come.
For
example,
you
know
everybody's
gone
to
kroger
and
got
the
rotisserie
chickens
right
doing
something
of
that
nature,
maybe
not
necessarily
the
rotisserie
chicken
in
its
current
form
that
we
get
at
siemens
or
kroger
or
wherever
else.
But
by
doing
that,
we
had
to
prepare
the
food.
L
That's
why
we're
here
with
more
of
the
restaurant
status
and
current
the
current
designation
of
that
building
is
trade
or
retail
and
the
variance
reads
anything
that
you're,
going
into
from
a
restaurant
perspective
needs
to
needs
to
be
200
feet.
So
that's
why
we're
here
and
we're
hoping
that
we
can
get
the
the
variance
so
that
we
can
get
operational
here
within
the
next
third
four
months.
L
L
The
only
thing
we've
actually
found
was
devil's
kettle
on
columbus
road
there
and
they
were
granted
a
variance
for
their
operation
there
from
a
food
perspective.
I
guess
so
that's
the
only
thing
I
was
able
to
find
in
over
300
pages
of
documentation,
but
yeah.
So
at
the
end
of
the
day,
that's
what
we're
looking
for
is
to
to
put
a
butcher
shop
retail
base
butchery,
no
slaughter,
we're
going
to
work
with.
L
We
were
happy
to
see
that
the
folks
bought
pleasant
health
meets
the
old,
pleasant
hill,
meets
and
they're
going
to
be
doing
slaughter,
hoping
to
partner
with
them.
If
not,
we
have
partners
in
other
locations
that
will
actually
go
through
this.
A
lot
of
process
we'll
bring
stuff
in
break
it
down,
make
it
available
retail
and
then
prepare
certain
cuts
of
meat,
we're
hoping
to
maybe
have
sunday
butcher,
suppers
and
some
various
other
types
of
things.
But
that's
really
why
we're
here?
Looking
for
the
variants.
A
K
L
If
you
think
about
it,
you
know
me
growing
up.
We,
we
didn't
have
a
whole
lot
of
money,
but
we
ate
pretty
much
everything
out
of
an
animal.
So
how
do
we
get
back
to
that?
How
we
start
to
introduce
people
that
you
know
beef
cheek
is
as
good
as
you
know,
a
sirloin
steak.
You
know
the
only
way
to
do
that
is
actually
prepare
and
let
people
taste
it
so
that's
kind
of
the
concept
behind
the
beast,
the
bistro
aspect
of
it.
L
L
L
L
D
L
Yeah
I
mean
that
and
we're
actually
peter's
been
fantastic
to
work
with
as
a
property
owner,
maybe
acquiring
other
parking
across
the
street,
either
street
right
to
acquire
more
parking
depending
on
the
nature
of
how
well
the
business
goes
whether
we'll
need
more
parking
for
longer
periods
of
time.
If
so,
then,
we'll
we'll
go
to
you
know
more
leasing
agreements,
if
you
will
to
to
lease
designated
parking
spots,
but
good,
has
a
parking
spot
or
parking
lot
on
one
side.
L
I
J
Good
to
see
everyone
peter
katz,
this
one
brian
wrote-
and
I
am
the
property
owner
of
fort
weston
avenue
when
we
when
we
opened
the
business,
because
I
think
we
were
we
were
about
18.
I
think
we're
about
1800
square
feet,
so
you're
supposed
to
have
one
space
for
every
200
square,
feet
of
retail
space,
we're
able
to
work
down
a
little
bit
of
that,
because
some
of
the
area
was
not
accessed
by
the
public.
J
C
B
A
Okay,
you
can
take
your
seat
and
I'll
call
you
back
up.
If
anything
else
comes
up
general
comment
or
whatever
thank
you,
does
anyone
present
wish
to
speak
in
support
of
the
variance
request
at
this
time,
I
will
mention
that
the
appellant
submitted
a
list
of
people
who
are
neighboring,
I
guess
they're
all
on
morris
salmon
or
almost
all
on
morris
avenue.
B
A
A
J
Want
to
speak
in
favor
yeah,
yes,
yes,
and
I
just
wanted
to
yeah
express
my
support
for
this
project.
You
know
it's
been,
it's
been
great
to
work
with
someone
that
has
been
doing
the
due
diligence
and
this
isn't
his
first
rodeo.
So
it's
nice
to
have
that
that
type
of
oh
there's
gonna
be
a
rodeo
there,
and
so
you
know
so.
Basically
you
know,
as
I
was
thinking
about
this,
you
know
I
I
do
want.
You
know,
and
I
know
this
isn't
necessarily
a
conversation.
J
J
A
lot
of
a
lot
of
offices
have
inquired
actually
a
couple
churches
have
inquired,
but
really
no
businesses
and
I
like
to
see
services
in
our
business
zone.
When
I
first
started
engaging
with
stimson
avenue
back
in
the
90s,
we
had
a,
we
had
a
full-blown
grocery
store.
We
had
a
hardware
store,
everything
was
there.
J
C
C
J
J
K
K
We've
had
no
contact
with
them
about
using
our
parking
lot,
and
I
want
to
point
out
to
you
that
our
parking
lot
would
not
be
usable
for
that
facility
and
you've
eliminated.
The
city
has
eliminated
quite
a
bit
of
parking
on
stinson
avenue,
so
I
don't
see
how
our
restaurant
is
going
to
have
the
parking
for
this
plan
that
he
has.
K
We
haven't
ever
considered
it
ourselves.
The
only
thing
we
know
for
sure
is
our
lot
isn't
available
to
him
and
will
not
be
available.
So
I
think
you
should
look
that
over
carefully,
where
all
these
people
is
going
to
be
parking.
Their
cars,
especially
since
simpson
avenue,
has
been
narrowed
in
order
to
facilitate
the
bike
lanes
and
the
different
things
that
have
been
done
there.
It's.
K
F
F
K
L
You
know
I
appreciate
where
mr
gerry's
coming
from
on
that
so
yeah,
but
as
we
talked
about
peter
most
of
the
parking
that
we're
looking
at
with
any
longer
term
parking
over
an
hour,
let's
say
we'll
be
looking
at
the
good
lot.
I
guess
in
this
case
so
yeah
I
mean
and
the
nature
of
what
we
believe
most
of
the
business
will
be
will
be
in
and
out
service
retail
basis,
type
of
business.
D
L
I
don't
know
what
that
upper
level
is,
but
about
300
square
feet,
maybe
400
about
four
yeah
about
400
square
feet.
So
if
you're
familiar
with
that
facility,
it's
the
upper
level
where
peter
used
to
have
his
bikes
that
he
was
selling
and
then
where
he
was
doing,
some
of
his
retail
and
his
maintenance
on
the
on
bikes
and
building
bikes
and
whatever
that
area
there
will
be
primarily
the
butcher
shop
and
in
retail.
So
we
plan
on
bringing
in
grocer
type
stuff.
You
know
barbecue
sauces
or
sauerkrauts
or
local
things.
L
A
F
But
before
we
do,
that
can
we
have
some
further
discussion
sure.
So
one
thing
that
I
wasn't
here
when
we
addressed
the
question
of
the
definition
of
eating
a
drinking
establishment
with
dr
mays
in
question,
so
I
missed
that
meeting.
I
was
out
of
town.
You
guys
made
a
decision
that
night
that
I
think
it
was
that
the
establishment
there
didn't
meet
the
definition
of
eating
and
drinking
because
it
was
not
a
sit-down
eating
establishment.
It
was
just
for
takeout.
F
F
F
D
F
B
G
F
D
A
B
F
We
were
just
discussing
that
so
yeah
there's
other
restaurants
that
are
almost
as
close,
certainly
within
200
feet,
and
they
might
have
been
there
long
enough
to
have
not
gotten
a
variance,
I'm
not
sure
that,
maybe
not,
though,
maybe
they
had
to
get
variances
too.
That's
a
long.
Probably
a
while
ago,
though
right.
C
So
we
think
that
the-
and
I
don't
know
this
for
sure
this
is
just
my
speculation-
that
this
code
was
changed
originally
because
the
kfc
went
in
with
the
drive
through
yeah,
since
they
tried
to.
They
tried
to
change
that,
because
there
was
up
at
that
time
a
lot
of
opposition
for
that
business.
Going.
C
That
has
been
grandfathered
in
now
sonic
wanted
to
put
in
just.
This
is
maybe
in
a
side
that
you
don't
need,
but
sonic
wanted
to
put
in
their
typical,
and
they
weren't
allowed
to
do
that,
so
they
had
to
use
the
same
around
the
existing
drive-through
that
yeah
that
the
original
racks
had,
which
was
before
this
code
was
like
nelsonville.
The.