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From YouTube: Athens Board of Zoning Appeals - July 12, 2022
Description
Athens Board of Zoning Appeals - July 12, 2022
A
Good
evening
this
is
a
meeting
of
the
athens
board
of
zoning
appeals.
The
time
is
7
p.m
and
the
date
is
july
12th.
At
this
time
I
will
call
the
meeting
to
order.
The
board
consists
of
five
members
and
two
alternates,
the
alternates
taking
full
part
in
the
discussions
and
becoming
a
voting
member.
In
the
absence
of
a
member
or
when
a
member
abstains
for
conflict
of
interest
present
tonight,
our
members
rob
delich,
kate,
towsley
and
alternate
remember
and
alternate
ben
lachman.
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
A
A
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,
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
purposes.
A
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,
while
a
granting
of
the
requested
variants
will
not
confer
on
the
applicant
any
special
privilege
that
is
denied
to
other
properties
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,
aggrieved
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
B
A
A
C
Us
thanks
miss
chair,
two
dalton
avenue
was
submitted
to
us
for
a
for
a
use
permit
on
june
the
first
we
reviewed
that
permit
and
found
that
there
were
some
setback
as
well
as
use
restrictions,
because
this
is
located
in
an
r1
zone.
D
Good
evening
I'm
attorney
david
mott
with
malika
goldstone
and
celery.
I
represent
ms
calvert,
as
director
riggs
pointed
out.
This
is
not
the
typical
variance
request.
There
are
a
number
of
nuances
here.
I've
just
been
engaged
in
this
matter
this
previous
friday,
and
we've
requested
that
this
be
rescheduled
to
next
month,
so
that
I
have
an
opportunity
to
review
the
issues
and
advise
my
client
good.
A
E
There's
several
things
in
there
that
are
inaccurate,
but
but
my
real
request
is
at
this
point:
will
there
be
another
mailing
another
packet?
If
there's
any
substantial
change
to
this
information,
and
is
that
appropriate
to
do
on
a
case?
That's
already
been
docketed,
or
should
it
have
to
stay
with
the
information
they
submitted
and
be
voted
on?
Based
on
that?
E
A
Okay
and
they
have
found
representation,
and
now
I
would
think
that
that
changes,
the
situation
and
that
their
representation
is
going
to
be
involved
in
evaluating
the
materials
they've
submitted
and
perhaps
making
significant
changes
to
them.
E
C
I
think
we
should,
if
they've
got
additional
information
or
revised
information,
we
could
should
keep
the
case
number
the
same.
They
would
provide
additional
information.
We
would
review
that
and
decide
whether
that
additional
information
changes.
The
decision
that
us
that
staff
has
made
for
you
to
review.
F
Did
not
swear
okay.
Thank
you.
My
name
is
richard
zielinski.
I
live
with
24
place
right
down
the
street
from
this
no,
but
I
just
had
just
a
real
quick
question
based
on
what
just
happened,
the
additional
information
that
they
submit.
We
will
be
able
to
read
that
right.
Okay,
great
great,
very.
G
Yes,
so
lori
mcknight,
37
euclid.
I
just
want
to
know
what
is
the
what's:
the
limitations
of
the
notices,
because
the
chapman's
received
notice,
some
of
the
surrounding
the
people
that
are
joining
the
property
received,
notices.
G
And
I'm
within
200
feet
of
the
properties
and.
G
C
B
A
A
Since
I
don't
know
any
of
you,
it's
not
personal,
I'm
just
surprised
at
the
number
of
emails.
C
H
A
D
H
A
A
Well,
at
this
point,
I'm
going
to
have
to
ask
that
anyone
who
wants
to
say
anything
at
all
we'll
have
to
approach
the
podium,
be
called
upon
to
approach
the
podium
and
give
name
an
address
and
be
sworn
in.
But
at
this
point
I'm
handing
the
gavel
to
mr
riggs
who's
going
to
talk
to
us
he's
going
to
have
to
wait
who's
going
to
talk
to
us
about
this
court
decision.
C
Yes,
so
june
the
I
want
to
get
the
right
date.
I
think
it
was
june.
The
1st
the
judge,
mccarthy
made
a
ruling
on
the
mithril
case,
which
is
750
east
state
street,
and
he
indicated
that
the
decision
that
my
decision
and
the
decision
the
board
was
inaccurate
and
that
a
drive-through
would
be
permitted
because
it
doesn't
serve
it's
not
a
food
and
drink
establishment.
C
Citizens
could
still,
you
know,
raise
an
appeal
to
the
judge's
case,
but
it's
really
the
city
really
or
I
can't
really
take
it
any
farther
than
it
is
so.
I
know
that
that
business
has
requested
a
use
permit
again
for
the
for
the
use
of
a
drive-through
and
that
that
will
will
based
on
the
judge's
decision
will
need
to
be
approved.
A
And
if
it's
the
same
neighborhood
that
we're
talking
about
here-
and
I
have
gotten
some
emails
that
reference
that
case
as
well,
so
if
people
are
in
not
in
agreement
with
this
judge's
decision,
what
do
what
records
do?
They
have.
C
C
It
was
no,
it's
not
expired,
yet
I
think
it's
the
end
of
they
still
there's
still
I'll,
have
to
look
and
see
I'll
have
to
find
that
case.
But
let
me
give
you
the
see
if
I
can
get
the
details
on
that,
but
there's
a
I
think.
It's
it's
a
july.
J
H
A
C
The
case
was
filed
june
24th
and
30
days
from
that
would
be
july
23rd.
I
believe
so.
Okay
there's
a
few
days.
The
appeal
has
to
be
within
30
days.
The
court's
decision
that
court
decision
was
filed
on
june,
the
24th.
A
J
I
think,
as
far
as
the
the
it
not
being
judged
as
a
food
or
drink
establishment,
what
that
was,
I
think,
one
of
the
very
first
cases
that
I
sat
as
an
alternate
on.
Can
you
remind
me
of
what
they
are
actually
selling.
C
So
when
we
investigated
it,
we
found
that
they
were
selling
snacks
and
drinks
and
I
believe
they've
stopped
doing
that
since
the
original
since
the
original
place.
So
the
judge
said
that
it's
a
it's
an
establishment
that
prepares
or
assembles
food
and
drink
on
the
premises
for
immediate
retail
sale,
and
he
found
that
that
was
not
the
case
for
this
drive-through.
B
E
E
D
K
I'm
linda
milliken
and
I
live
at
23
gram.
Drive
I've
lived
on
the
east
side
forever.
I
appreciate
what
you
do.
I
have
never
volunteered
to
do
it
myself,
because
it's
a
hard
job
and
you
wouldn't
do
it
if
you
didn't
care
for
athens
like
those
of
us
here,
but
I
think
and
I've
said
many
comments
over
in
my
years
that
have
been
inappropriate
in
a
situation
and
I
I
just
really
hope
you'll
take
a
moment
to
think
about
making
a
public
apology.
A
I
guess
I'm
going
to
have
to
apologize
for
not
apologizing.
I
I
do
making
jokes
is
something
that
I
simply
do
it's
my
temperament,
my
character.
It's
perhaps
a
character
flaw,
but
all
I
can
do
is
assure
you
that
I
have
no
bias.
A
K
F
I
don't
mind:
okay,
one
once
again
richard
zielinski
24,
avon,
please
I
just
wanted
to
since
we're
all
still
here,
maybe
just
mention
a
few
things:
real
real,
quick
at
the
board
of
zoning
appeals
meeting
the
one
that
happened
right
before
the
business
filed
their
appeal
in
court.
F
I
I
spoke
at
that
board
that
board
of
zonina
pills,
meaning
I
remember
right,
okay,
so
good.
So
what
was
I
gonna
say,
though
so
lisa
eliason,
when
the
case
was
decided
by
the
judge
on
june
24th,
lisa
elias,
sent
me
an
email
to.
Let
me
know
that
the
judge
had
decided
and
how
he
decided
and
so
just
to
let
people
know
in
that
email.
There
was
the
like.
Just
an
hour
after
the
judge
announced
his
decision.
F
It
said
that
the
city
would
probably
appeal
really,
but
I
I
I
haven't
spoken
with
her
or
communicated
with
her
since
then,
so
the
city
must
have,
I
assume,
decided
I
guess
not
not
to,
but
I
just
want
to
say
also
real
quick.
I
mean
anybody.
I
guess
if
somebody
would
want
to
do
an
appeal,
but
in
the
athens
county
court
of
common,
please
you're
able
to
read
like
everything
what
their
attorney
submits
to
the
judge,
what
the
city
of
athens
must
see
and
so
actually
their
attorney.
F
I
thought,
even
though
I
was
hoping
the
judge
would
decide
the
other
way
that
their
attorney,
I
thought,
made
a
very
good
argument
and
and
backed
it
up
with
other
legal
cases
and
stuff.
So
the
city
must
have
decided-
I
guess
not
not
to
appeal,
but
I.
A
Guess
I
would
ask
you,
though,
that's
interesting
it
do
you
know
anything
about
that
that
she,
if
she,
if
lisa
eliason,
had
an
intention
to
appeal
and
changed
her
mind
or
because,
if
you
don't
know
anything
about
that
or
do
you.
F
F
I
mean
I'll
probably
write
to
her
and
just
bang
her
for
letting
me
know,
but
you
do.
F
F
I
D
L
L
L
Your
comment
that
well,
this
is
not
a
brothel
implied
that
you
think
that
we
are
all
over
reacting
now.
You
say
you
can
be
impartial.
I
want
to
believe
you,
but
I
also
want
you
to
realize
that
you've,
given
us
every
reason
to
believe
that
you
might
not
be
so.
Maybe
it's
a
lesson
for
the
future.
What
you
say
in
hearings
like
this
in
a
microphone
like
that
is
really
serious
stuff
to
those
of
us
who
come
here
before
you
as
citizens
of
athens.
A
Well,
it's
a
bit
of
a
thankless
job
and
you
are
very
welcome
to
think
that
I'm
a
liar.
E
H
A
Sir,
thank
you.
You
may
think
that
I
was
not
telling
the
truth
when
I
said
I'm
perfectly
capable
of
judging
this
case
without
bias.
A
If
you
think
I
was
not
telling
the
truth
about
that,
then
that
would
suggest
that
you
think
I'm
a
liar.
You
are
welcome
to
feel
that
way
going
forward.
You
are
welcome
to
complain
to
impeach
me,
or
you
know,
whatever
you
feel
is
necessary,
we're
all
grown-ups
here.
I
may
not
always
act
like
a
grown-up,
but
I've
been
on
the
board
for
a
while.
A
Now
it
is
in
fact
literally
a
thankless
job,
and
some
years
ago
you
know
we
had
a
strip
club
being
considered
in
the
vicinity
of
east
elementary
inappropriate
comments
were
made
at
that
time.
I'm
a
little
surprised
at
the
intensity
of
the
response,
and
that's
why
I
made
the
joke
that
so
offended
you.
A
I
I
think
everyone
here
is
asking
me
to
shut
up
and
bring
an
end
to
this
controversy.
So
I
think
I
will-
and
I
think
you've
been
heard
from
I
think
I've
been
heard
from
and
you
need
to
proceed
next
month.
If
that's
when
the
case
is
to
be
heard
and
do
whatever
you
think
is
necessary
to
complain
about.
A
A
Is
where
we
live,
and
I
recommend
your
participation
and
I
applaud
you,
that's
it
I
mean
but
she's,
not
gonna.
Let
you
speak
laura.
F
One
one
more
quick,
quick
thought:
I
worked,
I'm
recently
retired,
but
I
worked
for
the
ethan
city
schools
for
20
years,
and
this
is
not
the
ethan
city
schools.
I
know,
but
there's
a
little
bit
of
a
similarity
I
think
like
when
I
worked
in
the
fnc
schools.
You
there's
just
certain
kind
of
things.
You
or
just
can't
say
you,
you
might
think
it,
but
you
you
just
can't.
I.
F
And,
like
one
difference,
maybe
is
I
got
paid
to
work
in
the
fnc
schools
you're
doing
it
as
a
volunteer
and
it's
a
thankless
job
and
all
that.
But
even
if
I,
even
if
someone
is
a
volunteer.