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From YouTube: Athens Board of Zoning Appeals - October 11, 2022
Description
Athens Board of Zoning Appeals - October 11, 2022
A
There
are
three
cases
on
tonight's
agenda.
The
first
case
is
at
six
Pomeroy
road,
the
second
at
eight
Pomeroy
Road
and
the
third
at
75
East,
Stimson
Avenue.
The
board
is
required
to
take
testimony
under
oath.
Would
anyone
wishing
to
speak
concerning
any
item
on
tonight's
agenda?
Please
stand:
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.
A
Thank
you.
So
the
first
two
cases
are
related
and
we
will
discuss
them
together,
but
both
separately
on
them.
The
first
one
is
at
six
Pomeroy
road
appellant
is
the
in
the
I
can't
remember
20.
What
do
I
have
to
say
just
the
just
read
the
description.
Yes,
okay,
the
appellant
is
requesting
a
variance
for
Math
and
city
code
230405
A1,
to
allow
a
residential
space
on
the
ground
floor
in
a
B3
Zone
and
the
second
case
at
a
Pomeroy
Road.
It
has
identical
description,
so
Mr
Riggs
can.
B
You
fill
us
in.
Thank
you,
yes,
I
can
so,
as
you
said
that
we
we
can
talk
about
six
and
eight
Pomeroy
Road
Together.
These
are
located
just
to
give
you
some
perspective
right
behind
the
marathon
on
Richland
Avenue,
so
they're
going
to
be
on
the
north
side
of
Pomeroy
Road,
the
B3
General
business,
Zone
230407
says
that
the
principal
permitted
uses
or
any
use
permitted
and
as
regulated
in
the
B2
or
b2d
zone.
B
So
if
you
go
to
the
B2
business
district,
the
way
that
they've
regulated
residential
uses
are
permitted
only
on
the
Second
Story
and
above
and
that's
where
you
see
230405
A1
also
applies
to
B3
General
business
Zone,
and
in
this
case
there
has
been
some
history
on
these
properties
that
they
have
been
used
as
rail
units,
but
we're
not
permitted
or
approved
through
the
city
code
office.
So
that's
the
information
that
I
have.
B
A
E
E
Well,
we
came
into
ownership
of
the
property
at
the
end
of
last
year,
roughly
November
and
started
making
improvements
to
the
properties
they
hadn't
been
touched
in
a
long
time
and
got
to
know
the
the
people
living
there
and
the
two
gentlemen.
In
the
first
floor
units
are
elderly,
disabled
veterans,
George
and
Joe,
and
six
and
eight
respectively
and
started
helping
them
with
some
of
the
issues
they
were
having
with
their
apartments
and
learned
that
they
well.
You
know
we
learned
this
prior
to
to
purchasing
it,
but
their
HUD.
E
They
get
HUD
vouchers
for
their
living
situation
there
and
it's
a
heart
approved,
and
then
we
came
to
realize
that
they
were
not
Athens
city
code
to
proof
rentals
as
well.
So
we
want
to
allow
these
folks
to
stay
in
their
first
floor,
accessible,
affordable
units,
but
also
make
it
right
with
the
city
I
mean
they
might
have
been
living
there
for
a
long
time
and
the
other
guy
didn't
care,
but
we
want
to
do
what's
best
for
the
tenants,
but
also
be
above
board
with
City
card.
E
So
this,
obviously,
we
know
that
there's
a
shortage
of
affordable
housing
in
Athens
I
think
there's
also
a
shortage
of
accessible
housing
in
Athens
for
folks
with
mobility
issues
or
people
just
wanting
to
age
in
the
apartments
that
they
live
in.
So
this
would
allow
those
apartments
to
to
fill
that
need,
there's
also
no
renovation
necessary
for
this
variance
to
go
into
effect.
E
The
few
guys
have
been
living
there
for
a
while.
The
units
already
have
kitchens
bathrooms
everything
you
need
to
be
rentals,
there's
no
parking
change
necessary
as
well.
We
already
have
sufficient
parking
to
meet
the
need,
but,
furthermore,
these
folks
don't
drive
they.
They
like
this
location
because
they
can
walk
around
the
corner
to
to
the
marathon
if
they
need
to
get
something
quick.
It's
also
bus
accessible,
pretty
easily,
so
they're
they're
pretty
much
set
where
they
are,
and
we
want
to
do
the
right
thing
and
and
let
them
continue
living
there.
G
E
E
Yes,
there
were
tenants
in
about
half
of
the
buildings
when
we
moved
in
all
of
the
other
units
are
are
approved.
Rentals.
We
had
our
rental
inspection
this
past
year
and
had
Brian
zulek
walk
through
the
first
floor
units
as
well.
To
make
sure
we
didn't
need
to
do
anything
so
they're
all
occupied
and
rented,
except
we're
renovating
a
basement
apartment
in
six
and
whenever
our
contractors
get
that
done,
that
will
be
a
HUD
approved
unit
as
well.
A
A
H
E
D
B
H
B
F
B
A
B
G
C
Ali
when,
when
you
look
at
the
the
units
on
like
Google
Maps,
it
looks
like
they're
like
several
different
doors,
which
which
doors
are
for
the
downstairs
unit.
There's
like
the
one
that
used
to
be
the
like
plus
reality
was
on
the
left
and
then
there's
one
that
looks
like
it.
Maybe
it
goes
through
an
upstairs
unit
and
then
there's
like
a
smaller
addition,
maybe
to
the
side.
I
think
that's
all
on
six
and
then
eight
is
pretty
clear.
It
has
kind
of
a
six.
F
E
A
I
I
want
to
think
aloud,
but
I
don't
know
it's
not
really
her
issue.
It
occurs
to
me.
So
one
feels
the
need
to
continue
the
living
situation
of
these
two
gentlemen.
By
granting
the
variance
it
means
that
even
after
they're
no
longer
living
there,
it
will
become
first
floor.
Inner
B3,
first
floor
occupation.
You
know,
and
so
that's
what
we
have
to
consider,
but
that's
not
necessarily
a
problem,
and
you
said
that
all
the
the
other
stories
are
HUD
housing,
HUD.
G
A
E
Know
that
we're
renovating
we're
seeking
to
make
cut
housing,
we
don't
want
to
change
anything
else
about
the
folks
already
living
there,
but
our
experience
with
HUD
so
far
has
been
very
positive
and
we'd
be
happy
to
continue
that
not
necessarily
promising
that
we
would
but
at
least
these
first
floor
units
are
to
go
and
with
a
waiting
list
for
HUD
vouchers.
I
know,
we'd
have
no
problem.
Finding
tenants
there
in
the
future.
Well,.
A
A
A
Maybe
not
a
place
where
people
are
just
gnashing
their
teeth,
waiting
for
a
business
to
come
in,
so
we
did
receive
one
letter
of
and
it's
in
support
of
both
variance
requests.
I'll
just
read
it
the
ones
to
commit
may
concern.
This
letter
is
on
behalf
of
the
owners
of
six
and
eight
Pomeroy
Road
in
Athens.
It
is
my
understanding
that
these
two
addresses
are
zoned
for
business
purposes,
Carpet
One,
floor
and
more
is
not
opposed
to
these
properties
being
zoned
as
residential
as
there
is
no
changed
parking
policies.
A
D
A
A
A
A
second
already:
what
do
you
guys
think?
Should
we
just
go
through
the
findings?
Do
you
have
any
observations
before
that?
No,
let's
go
through
the
time
to
go
through
the
finance.
If
I
can
find
them,
are
there
exceptional
extraordinary
circumstances
or
conditions
applying
to
the
property
in
question
that
do
not
apply
generally
to
all
other
properties
classes
or
uses
in
the
same
Zone.
A
A
Yeah,
it's
technically
not
to
do
with
the
property
itself,
but
that
is
a
circumstance
to
be
thinking
about
sure,
practical
difficulty
and
undue
hardship
because
of
exceptional
or
extraordinary
circumstances.
Etc.
Would
the
literal
enforcement
of
the
regulations
result
in
a
practical
difficulty
or
undue
hardship
that
is
unnecessary
to
the
achievement
of
public
purposes
same
as
the
first
one?
We
would
be
putting
people
out
on
the
street
right.
H
A
F
G
F
A
G
A
A
G
A
A
A
B
B
B
B
B
F
A
B
A
A
B
Yeah,
we
want
to
make
it
more
clear
that
it's
for
restaurants,
that
this
is
for
restaurants,
only
eating
eating
and
drinking
establishments
isn't
really
clearly
defined.
We're
also
suggest
staff
is
also
suggesting
that
we
modify
that
distance
from
200
feet
to
150
feet.
They
still
wouldn't
I,
think
they
still
wouldn't
meet
that
in
this.
In
this
scenario,
again
that'll
be
up
to
city
council
right
to
approve
that
and
has
not
been
approved
at
this.
F
H
B
Have
a
guess
and
I
think
it's,
because
the
concern
would
be
the
noise
from
the
speakers
would
disrupt
residential
and
normal
residential
use.
I
did
some
checking,
and
this
is
what
I've
presented
or
I'm
going
to
be
presenting
to
city
council.
If
you
look
at,
for
instance,
the
McDonald's
on
Richland
Avenue,
they
have
a
speaker
and
if
you
get,
you
can
be
100
feet
away
from
that
speaker
and
then
traffic
noise
is
actually
louder
than
the
speaker.
Noise
I've
actually
tested
it
with
a.
G
B
G
B
B
It
is
like
we
that
that
was
that
is
in
title:
23
zoning
regulations,
light
trespass
I,
don't
remember
the
code
number
right
off
the
top
of
my
head,
but
that
would
still
be
in
effect
and
with
the
new
LED
lighting.
It's
real.
It's
it's
much
easier
to
avoid
life,
trespass,
because
those
lights
are
much
more
directional
instead
of
ambient
light
going
everywhere,
they're
very
directional,
so
the
new,
the
new
development,
could
actually
improve
that
light.
Trespass
in
that
area
and
we'll
check
to
make
sure
they
do.
A
A
F
F
He
had
had
we've
been,
we've
reached
an
agreement
to
buy
that
we've
been
unable
unable
to
buy
it
because
he
had
it
tied
up
with
some
student
housing
and
he
also
had
that
student
housing
is
now
sold.
So
we
have
the
property
under
contract
and
and
are
here
today,
because
we'd
like
to
our
facility
is
reaching
the
end
of
his
useful
life,
and
we
would
like
to
reinvest
in
it
and
and
make
it
a
much
more
functional
facility,
a
much
more
pleasant
place
to
visit
a
much
more
pleasant
place
to
work.
F
E
F
To
stay
there,
and
so
we
we
were
invested
in
the
location
want
to
invest
further
in
the
location.
I
would
contend
that
you
know
our
circumstance
is
unique
to
this.
The
the
property
I
don't
know
when
it
was
built
in
the
racks,
but
you
know
it's
been
a
Sonic
for
probably
close
to
20
years
and
and
have
been
a
restaurant
for
probably
close
to
40
years,
if
not
longer
than
that
the
facility
does
need
upgrades.
It
needs
some
investment
and
it's
kind
of
been
held
in
Limbo.
By
by
this
code.
F
Provision
I
would
contend
that
there's
no
Prejudice
or
harm
to
anyone
around,
because
they've
been
living
with
this
circumstance.
For
you
know,
living
memory
there
are
other,
the
KFC
is
caddy
corner.
You
have
the
Jackie
O's
behind
us,
we're
in
a
actually
a
mixed-use
district,
the
we're
currently
B3.
So
so
the
use
conforms
to
our
our
use
conforms
to
the
current
zoning.
F
You
know
it's
just
the
the
overlap
of
of
residential
across
the
street
there.
That
brings
you
at
this
circumstance.
I.
Think,
honestly,
that
I
mean
I
think
it
speaks
for
itself
that,
like
I,
said
the
the
hard
the
hard
the
variance
is
not
granted,
then
we're
kind
of
stuck
with
a
a
facility.
That
is,
you
know
we
could
always
I,
guess
renovate
it,
but
the
you
know
it's
it's
better
off
to
we're
better
off
rebuilding
this
facility
and
that's
why
we're
here
and
I
think
I
think
I.
F
A
F
F
I
mean
it's,
you
know
we
could
conceivably
try
to
there's
not
even
a
good
way
to
I
mean
it
means
the
roof
needs
Plumbing
under
the
slab
it
needs
by
the
time.
You
do
anything
and
everything
you've
done.
You've
you've
ended
up
with
something
you
like
less
so
it
just
economically
makes
no
sense
to
to
try
and
Preserve.
A
F
Rack,
yes,
ma'am,
I'm,
sorry,
Denny,
I
think
it's
Haskins
and
a
couple
of
Partners
from
Cincinnati
built
it.
They
were
the
rack
franchisees
and
that's
who
I
bought
the
racks
went
bankrupt
sometime
in
the
in
the
past.
They
converted
to
Sonic.
They
I
bought
this
and
six
other
or
six
total
units
from
them
back
in
2016
and
okay,
and
so
we've
operated
this
and
kind
of
built
out
other
part
of
the
market.
And
if
you
know
our
goal
has
always
been
like
I
said:
I
love
the
location.
A
F
F
C
F
D
G
C
I
mean
I
think
just
just
similar
to
my
questions
about
you
know
kind
of
the
effect
on
the
residential.
You
know
injection
across
the
street,
the
the
documentation
had
blueprints,
but
not
a
whole
lot
more
I
did
see
a
kind
of
an
article
in
qsr
about
some
of
the
new
newer
designs
is
like.
Do
you
think
that
you
know
like?
Can
you
talk
a
little
bit
about
like
noise
and
light
pollution
because
they
do
seem
like
they're?
C
F
F
You
know
we're
still
determining
whether
we'll
have
how
many
stalls,
if
any,
will
have
for
the
drive
up
stalls
any
we
do
have
I'm
more
than
happy
to
make
space
the
speaker
face
away
from
the
residential
area,
so
that
you'd
have
no
sound
radiating
across
Stimson
Avenue
and
then
like
light
pollution,
is,
is
pretty
easy
to
control.
Right
now,
with,
like
I
said
with
the
LEDs
is
they're
very
directionally
oriented
we
can
put
them
on
timers
radiate
as
much
as
incandescent
lights
or
fluorescent
lights
did.
C
F
I
mean
the
goal
would
be
to
increase
traffic.
I
would
have
to
look
at
the
take
account
today.
I
mean
the
store.
Does
you
know
prior
to
the
rebuilding
of
Simpson?
It
is
substantially
more.
You
know.
I
would
expect
we'd,
probably
increase,
maybe
20
from
other
scrapes
and
rebuilds
that
I've
done
of
similar
Stores,
so
I
don't
think
it's
going
to
be
meaningfully
different
in
the
you
know
being
far
more
efficient,
because
kitchens
are
set
up
newer,
so
so
people
can
actually
get
in
and
out
more
quickly
as
well.
F
A
D
F
A
D
F
A
B
G
F
F
A
A
A
B
So
what
they're
allowed
to
do
on
their
existing
footprint
is
they're
allowed
to
make
improvements.
That's
up
to
50
percent
of
a
of
the
value
of
the
property
they
go
more
than
that
the
Federal
Emergency
Management
agencies,
floodplain
regulations,
don't
want
you
to
make
lots
of
improvements
in
a
flood-prone
structure.
A
B
B
C
B
A
grade
increase
yeah,
so
they
need
to
be
at
least
one
to
the
finished
floor
needs
to
be
at
least
one
foot
above
the
base.
Flood
elevation
and
we've
been
talking
about
what
that
is.
I,
don't
know
that
they
have
enough
survey
information
to
know
exactly
how
many,
how
much
higher
that
is,
how
many
feet
that
would
be
probably
at
least
a
couple
of
feet
higher
than
it
is
right.
A
A
A
C
G
G
A
C
Yeah
I
mean
I,
think
I
I
tend
to
be
cautious
about
this
kind
of
thing.
I
think
the
amount
of
you
know
like
increase
in
grade
noise
pollution,
light
pollution,
traffic
increases
in
a
part
of
town.
That
is
I,
think
the
reason
you
know.
One
of
the
reasons
for
this
coach
is
to
preserve
a
zone
of
walkability
and,
and
you
know
like
buffer
and
so
I
tend
to
be
skeptical.
Not
particularly
of
this.
You
know
particular
project,
but
of.
C
C
It's
also
moving
from
a
you
know,
a
you
know,
indoor.
You
know
seating.
You
know
like
situation
to
only
only
drive,
no
I
I.
You
know
I
do
like
the
the
proceeding.
I
think
that's
you
know,
but
I
I,
don't
think.
That's
necessarily
I
think
that's
a
you
know.
I
I,
never
wonder
when
to
draw
the
line
as
far
as
whether
that
is.
D
G
G
G
G
A
Mean
this
is
probably
not
relevant
to
our
decision
making
process,
but
but
it
is
of
Interest
I,
think
that
indoor
feedings
used
to
be
not
all
that
popular
and
maybe
other
restaurants
are
gonna
fast.
Food
restaurants,
anyway,
are
maybe
going
to
be
minimizing
that
as
well,
if
most
of
their
business
just
is
drive.
C
C
A
A
B
F
B
C
C
H
G
A
G
C
C
A
C
D
C
D
C
C
F
G
D
A
Would
just
yeah
I
would
sort
of
agree
with
K
that,
even
if
we
acknowledge
that
these
kinds
of
developments
are
going
to
bring
on
those
things,
we're
not
equipped
to
make
demands
on
him
as
to
how
to
mitigate
that
I
mean
we
just
don't
have
the
information
that
she
says
how?
How
can
we
tell
him?
This
is
how
you
need
to
diminish
the
noise
effects
or
the
LIE
effects
is
because
we
just
don't
have
that
expertise
or
that
that
would
be.
H
My
thought
well,
I
I
think
it
often
comes
down
to
these.
These
five
Spurs
coming
out
of
the
city
Athens
that
are
business
districts,
Simpson,
Richland,
Union,
State,
Street
I
mean
it's
not
there.
Where
would
you
put
this
yeah?
Where
would
you
put
this?
Restaurant
I
mean
nobody
wants
it
in
their
backyard
is
what
I'm
kind
of
hearing,
but
at
the
same
time
this
is
a
business
district.
It's
had
a
restaurant
there
for
decades
living
with
the
drive
through
I,
can't
imagine
saying
no
personally
I.