►
From YouTube: Athens Board of Zoning Appeals - May 10, 2022
Description
Athens Board of Zoning Appeals - May 10, 2022
A
A
The
board
consists
of
five
members
and
two
alternates,
the
alternates
taking
full
part
in
the
discussion
and
becoming
a
voting
member
in
the
absence
of
a
member
or
when
a
member
of
states
for
conflict
of
interest
present
tonight,
our
members,
joe
kraus,
kelly,
sauber
and
kay
towsley,
and
alternate
aaron
thomas,
who
will
be
a
voting
member
tonight
I
am
lisa
carson.
The
chair
also
present
is
zoning
administrator,
mr
david
riggs.
A
The
athens
board
of
zoning
appeals
operates
according
to
the
following
procedure.
The
chair
will
name
and
describe
the
case.
The
zoning
administrator
or
secretary
will
state
the
basis
of
the
objection
and
any
applicable
facts
or
conditions
pertaining
to
the
case.
The
appellant
or
their
representative
will
give
reason
why
the
appeal
should
be
viewed
favorably.
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
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
Thank
you
one
case
on
tonight's
agenda.
The
property
at
271
east
state
street.
The
board
is
required
to
take
testimony
under
oath.
Would
anyone
wishing
to
speak
concerning
any
item
on
the
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.
Thank
you
all
right.
A
So
this
in
this
case,
271
east
state
street
appellant,
is
requesting
a
variance
from
athens
city
code
230310
to
use
the
second
principal
dwelling
for
rental,
short-term
rental
purposes,
where
only
one
principal
dwelling
is
permitted.
So,
as
I
understand
it,
there's
a
variance
request
for
the
sec
for
the
extra
dwelling
and
also
for
short-term
rental
permission.
B
Yeah
so
the
appellant
submitted
a
short-term
rental
permit
application
to
our
office
and
we
denied
it
because
they
actually
have
two
primary
structures
on
this
property,
and
the
second
principal
dwelling
will
need
a
variance
if,
if,
if
you
approve
that
variance,
then
we've
got
these
are
new
code
changes
for
us,
so
we're
trying
to
we're
trying
to
muddle
through
it
as
well.
But
if
you,
if
you
approve
two
principal
structures
or
two
primary
structures
on
that
lot,
are
they
both
still
resident
owners
or
is
one
of
them
a
non-resident
owner?
B
B
So
first
thing
you
have
to
do
is
decide
whether
you're
going
to
approve
the
variance,
and
if
you
do
then,
if
we
could
tackle
the
second
question
which
is,
do
they
need
a
conditional
use
for
this,
or
are
these
if
they're
living
in
one
house
and
renting
out
the
other?
Are
they?
Is
it
still
an
owner-occupied
structure.
C
B
B
Yeah
at
the
first,
it
passed
the
first
of
the
year
okay,
but
we
haven't
seen
a
lot
of
these
requests
come
in.
I
did
send
a
letter
out
to
eight
different,
short-term
rental
people
that
are
advertising
for
short-term
rentals
to
remind
them
that
they
do
need
to
have
a
permit
so
we'll
we'll
slowly
get
some
of
these
will
come
in,
and
this
is
this
is
kind
of
the
first
one
we've
seen
that
has
to
actually
has
to
come
to
the
board
of
zoning
appeals.
B
A
A
E
B
B
A
D
B
Yeah,
the
new
code,
yeah
we've
got
a
new,
a
new
code
that
started
the
first
of
the
year.
Short-Term
rentals
are
permitted
in
every.
I
think.
Almost
every
zone
not
open
space,
of
course,
but
they
they
did
restrict
those
for
our
for
residential
zones,
so
r1
and
r2
zones.
They
want
them
to
be
owner
occupied
where
you
could
be
in
a
b2
or
b3
and
be
non
owner-occupied.
Short-Term,
rentals
gotcha.
The
restrictions
they
have
here
is
that
for
and
I'll
read
it
for
you
conditionally
permitted
uses.
B
The
new
code
says
short-term
rentals,
non-resident
owners,
short-term
rentals,
keeping
not
more
than
three
adult
renters,
plus
related
children
by
a
non-resident
owner
for
periods
of
less
than
30
days
on
r1
lots
that
abut
an
r2
r3
any
b
zone,
or
that
the
principal
home
fronts
on
east
state
street
carpenter,
street,
lancaster
street
or
columbus
road.
So
these
are
the
conditional
conditionally
approved
short-term
rental
uses
in
an
r1
zone,
and
this
falls
in
that
case.
B
E
A
B
C
D
A
D
F
F
E
G
A
A
G
A
D
G
The
house
primary
residence-
yes,
the
rental
part
that
house
had
a
rental
permit,
which
we
let
expire
in
february.
I
believe
it
was
okay,
because
we
knew
we
wanted
to
change
it
once
we
knew
the
short-term
rentals
were
coming
through
and
we
knew
we
wanted
to
change
it.
To
that
exceptional
circumstances.
G
G
Preservation
of
equal
property
rights,
so
we
have
neighbors
touching
our
property,
who
have
at
least
two
primary
structures
on
their
property
with
rental
permits,
and
I
included
those
records
in
the
original
appeal:
that's
57
elmwood,
which
is
57
57
and
a
half
57a
57b,
all
on
one
property
and
then
there's
61
and
61,
and
a
half
elmwood
place
and
both
of
those
have
those
accessory
structures.
Touching
our
our
property
line,
the.
G
G
And
it's
two
also,
it
looks
like
yeah.
I
did
reach
out
to
those
owners
to
get
this,
but
it's
a
whole
conglomerate.
It
seems
like,
and
it
was
hard
to
get
in
touch
with
someone
other
than
their
secretaries.
So
I
have
to
try
that
there's
also
the
case
of
three
sunnyside,
which
I
believe
was
included
in
there,
which
was
as
recent
as
2020
and
that's
where
the
appellant
was
granted
an
appeal
for
two
primary
structures
on
one
property
there
which
that
was
granted.
G
It's
also
the
case,
given
our
location
on
east
state
street,
we're
surrounded
by
mixed-use
properties,
tons
of
businesses,
multiple
dwelling
units,
those
sorts
of
things
which
I
think
is
probably
part
of
the
reason
why
they
include
that
in
part
of
the
short-term
rental
code.
I
guess
minimum
variance.
This
variance
request
is
very
minor.
I'm
simply
attempting
to
correct
what
previous
owners
failed
to
do
and
that
is
to
obtain
the
necessary
permits
that
the
building
needs
in
order
to
be
in
compliance
absence
of
detriment.
G
So
no
other
property
is
going
to
be
impacted
whatsoever.
With
this
appeal
effectively
nothing's
changing
the
building
and
its
use
were
established.
Many
years
ago,
without
any
detrimental
impact
on
the
neighborhood
for
general
public
and
I've
included
the
letters
of
support
there
as
well
and
not
of
a
general
nature.
So
this
request
applies
to
a
pre-code
structure
with
an
intended
use
that
was
established
prior
to
the
existing
code.
G
Do
because
we're
fit.
We
have
two
young
girls.
I
just
came
from
soccer
practice
soccer
game,
so
we're
living
in
that
main
house,
so
really
we're
just
looking
to
like
for
ou
weekends,
rent
it
out
to
parents,
two
people
we're
not
trying
to
have
someone
live
there
full
time
we
use
the
backyard
so
yeah,
just
occasional
kind
of
things.
A
Any
other
questions
I
do
nope,
so
I
think
you
could
go
ahead
and
sit
down.
I
think
I'm
going
to
read
out
the
letter
or
the
emails
in
support.
Ordinarily,
we
would
call
on
people
to
speak
in
support
in
general
comment
or
in
opposition,
but
there's
no
one
here,
but
you
so.
I
will
read
out
the
letters
or
sorry
emails.
A
A
The
second
one
is
hi
emily
isa
and
I
are
supporting
you
to
get
a
permit
to
rent
your
guest
house
on
your
property.
Good
luck
with
your
permission,
that's
bilal
berkmez
and
then
his
partner
also
wrote
separately.
So
that's
the
third
letter
that
is
from
isis
sapmas
saying
that
the
two
of
them
support
the
variance
request
and
the
fourth
is
from
suzanne
boyd,
a
neighbor.
She
says
to
whom
it
may
concern.
A
B
F
A
Right
yeah,
that
makes
sense,
okay,
permission
to
use
all
right,
so
we
have
to
determine
we're
gonna.
Someone
will
make
a
motion
and
someone
will
second
it,
and
then
we
will
discuss
the
question
of
whether
they
are
resident
owners
of
both
structures
right
or
how
we
want
to
interpret
that
and
then,
whether
or
not
we
want
to
grant
conditional
approval
according
to
the
current
code,
for
them
to
do
a
short-term
rental
in
that
part
of
state
street
east
state
street
emotion,.
C
D
A
A
D
G
D
G
A
A
E
A
A
A
A
A
C
A
B
Be
right
so
now
that
you
have
that
variance
for
the
property
they'd
also
like
to
use
it
as
a
short-term
rental.
That
is
a
conditional
use
that
has
to
be
approved
because
of
the
location
because
of
the
location,
because
it's
in
an
r1
zone
it
becomes
conditional
use
in
this
area.
So
not
any
not
everywhere
in
an
r1
zone
is
a
conditional
use,
but,
but
here
it
specifically
is
and-
and
the
board
needs
to
to
vote
on,
the
board
of
zoning
appeals
needs
to
vote
on
that
affirmative.
To
allow
a
short-term
rental.
Do
you.
B
Yeah,
if
you're,
if
that's
owner-occupied,
and
that's
really
the
that's
really
what
we're
really
the
question
we're
asking
here:
is
this
owner
occupied
or
not
because
now
you
have
two
structures
owned
by
one
person
on
one
lot:
they're
going
to
rent
out
one
of
those
structures
as
a
as
a
rental
or
short-term
rental.
The
question
really
is:
is
that
owner-occupied
or
not
owner-occupied.
B
Then
it's
not
a
conditional
use
if
you,
if
that's
the,
if
that's
the
decision,
that
the
board
wants
to
make
that
that
if
you
have
two
structures
they're,
both
owner
occupied,
if
you
live
in
one
of
them,
they're
both
owner
occupied
and
that
might
be
more.
The
tone
that
was
the
purpose
of
people
wanting
to
be
on
the
site.
B
F
F
E
B
B
E
B
This
all
this
applies
to
short-term
rentals
that
are
either
that
are
owner.
Occup
that
are
owner-occupied
would
be
permitted
here.
If
you
consider
both
of
these
houses,
if
they
you
live
in
one
and
rent,
the
other
one
out,
if
you
consider
both
of
them
to
be
owner
occupied,
you
don't
need
a
special
or
a
conditional
use.
You
don't
need
to
vote
on
a
conditional
use.
If
you
consider
those
to
be
two
different
structures,
then
you'll
have
to
approve
a
conditional
use.
B
B
A
E
F
A
E
E
A
C
C
G
D
D
A
A
A
A
F
A
C
D
G
E
A
F
A
F
D
A
A
F
A
B
A
A
A
E
A
A
D
B
E
B
D
E
Know
being
the
son
of
a
real
estate
attorney,
I've
said
this
millions
of
times
the
biggest
thing
he
always
taught
me
was
liability.
You
just
gotta
limit.
My
dad
always
told
me.
I
was
a
little
equation.
You
limit
what
you
say
in
a
public
capacity,
because
it
could
be
used
against
you
right
and
so
that's
all.
I
was
thinking
with
that's
valid
kelly's
thing,
not
kelly,
but
then
somebody
coming
back
towards
us
yeah,
giving
preferential
treatment,
yeah
type
of
thing
right.
That's
interesting!.