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From YouTube: Athens Board of Zoning Appeals - April 11, 2023
Description
Athens Board of Zoning Appeals - April 11, 2023
A
Good
evening
this
is
a
meeting
of
the
Athens
Board
of
zoning
appeals.
The
time
is
701
pm
and
the
date
is
April
11th.
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
are
members
Robert,
delich,
Joe,
Krause,
Kelly,
Sauber
and
kateausley
an
alternate
Aaron,
Thomas,
I'm
Lisa
Carson,
the
chair
at
this
time.
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
Testimony
from
the
floor
shall
be
closed.
The
board
will
deliberate
and
render
a
decision.
According
to
Athens
city
code,
section
23.07,
.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
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
appellant
of
Rights
commonly
enjoyed
by
others
in
the
same
Zone
and
the
same
vicinity,
while
a
granting
of
the
requested
variance
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.
It
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
Thank
you
in
case
on
tonight's
agenda.
At
the
property
at
23,
First
Street,
the
board
is
required
to
take
testimony
under
oath.
Would
anyone
wishing
to
speak
concerning
any
item
on
the
agenda
or
the
one
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.
A
23
1001
table
B
to
allow
a
rental
permit
on
a
property
with
zero
sparked
parking
spaces
where
three
are
required
and
ordinarily
we
would
direct
any
questions
to
Mr
Riggs.
But
since
he's
not
here,
you
are
welcome
to
approach
the
podium
and
please
give
your
name
and
address,
and
let
us
know
why
we
should
support
the
variants.
B
The
only
reason
that
I'm
here
with
my
client
is
because
this
is
a
fairly
unique
property.
There
are
lots
of
properties
around
the
city
that
don't
have
off
street
parking.
This
one
has
no
possibility
of
adding
off
street
parking.
The
lot
is
45
feet
wide,
so
there's
not
room
to
get
around
behind
the
house.
The
house
only
sits
back
10
feet
from
the
road,
so
there's
not
room
to
add
parking
in
front
of
it.
B
B
A
B
B
A
B
And
also
this
is
an
established
neighborhood.
The
houses
over
there
are
not
new.
The
parking
conditions
over
there
are
pre-existent
for
a
long
time
most
residents
park
on
the
street.
For
these
reasons,
my
client
believes
that
the
factors
of
preservation
of
equal
property
rights
and
absence
of
detriment
have
been
demonstrated.
This
is
essentially
no
change
from
the
status
quo
other
than
the
property
was
most
recently
owner
occupied,
and
now
it
would
be
a
rental
I'm
happy
to
take
any
questions
you
may
have
anyone.
B
D
D
B
C
You
I
am
wondering
if
Aaron
should
vote
for
me,
I
own
37,
First,
Street
and
I
am
one
of
so
I'll
say
this.
I
am
one
of
the
11
he's
talking
about
and
I
inherited
when
acquiring
the
property.
We
don't
have
off
street
parking
people
park
on
the
street,
which
is
simply
why
I
was
asking,
but
the
previous
situation
was.
Do
you
think
it
would
be
pertinent?
We
have
air
and
vote
for
me
just
in
this
because
I'm
since
I'm,
a
neighbor
I.
C
Fine
I
can
I
can
contribute,
though,
as
far
as
his
as
far
as
his
points,
it
is
a
heavily
residential
area
with
very,
very,
very
limited
parking
of
availability
and
my
property
was
similar
to
his
there's.
There
was
no
way
to
add
anything,
the
third
to
37,
so
you
know
I
I
I
can
see
where,
where
they,
where
they
are
coming
from,
did.
B
E
C
A
lot
of
congestion
on
the
street
I,
don't
I
I,
don't
see
necessarily
how
they
would
make
it
worse.
It
already
is
it's
already
fairly.
It's
that
whole
neighborhood
yeah
fairly
fairly.
You
know
bad
that
way,
but
I
have
never
heard
a
real
complaint.
I've
heard,
maybe
they
gotta
walk
six
or
seven
houses
to
get
there,
but
it's
a
they're
able
to
to
park.
C
A
C
A
A
You
so
I
just
want
to
say
at
the
outset
that
there
is
a
real
tension.
I
mean
these
old
neighborhoods.
We
know
that
there
are
parking
issues.
People
complain
about
it
all
the
time,
but
then
you
look
at
these
little
houses
and
think
the
only
alternative
I
mean
you
can't
use
the
houses.
You
know
unless
you
permit
even
more
parking
down
the
street,
so
that
was,
it
seemed
to
me,
there's
just
a
collision
of
interest
there
and
we
sort
of
have
to
just
go
with
what
we
think.
C
It's
way
the
tweet
that
they're
laid
out
too
it's
a
big
Hillside,
yeah
and
37
First
Street
has
a
huge
backyard.
You
know
there
was
ample
if
there
was
a
way
to
get
there.
You
know,
as
far
as
the
property
I
own,
you
could
lose
some
land
and
still
get
cars,
but
you're
not
there's
no
way
to
actually
get
them
there.
F
A
lot
of
money
streets
are
just
inconsistent
in
town
yeah.
You
know
you
got
all
this
and
then
you
got
this
and
then
you
go
down
you
get
that
way
and
it's
like
yeah
and
we
get
that
a
lot.
People
come
in.
It's
like
yeah,
you
know,
I
got
this
property,
you
know
and
enjoying
against
a
house
that
has
twice
the
property.
You
know
it's
like
all
right.
What
a
setback
is
different
from
here
to
there
and
I
mean
that's
what
happens.
D
D
D
F
C
It's
easier
to
tell
people
of
town,
you
know
that
are
close
and
around
Court
Street
that
you
don't
need
a
vehicle.
First
read,
especute's
a
little
ways:
yeah
and
so
I'm
with
Rob
everything
we
could
do
to
make
everything
more
bike.
Accessible
is
good,
but
I
definitely
think
Kelly's
point
is
true:
this
property
is
really
Limited.
A
A
A
F
F
A
A
A
Right,
minimum
variance
Kelly
already
pointed
out
that,
even
if
the
owners
were
to
live
there,
they
would
have
to
get
a
variance
yeah.
This
is
pretty
close
to
us
yeah,
pretty
close
absence
of
detriment.
Will
it
be
of
detriment
to
adjacent
property?
Well,
certainly,
parking
is
an
issue,
and
you
know
more
on
North
Street
Parkers
could
be
of
detriment,
but
that's
just
a
fact
in
that
part
of
town
and
no
one
has
come
forward
to
complain
about
the
possible
variants.
A
A
A
Thank
you.
You,
too,
our
only
other
business
is
to
prove
the
minutes
from
February
14th
I
think
we
already
talked
about
I
mean
they
were
sent
out
in
percent
of
yeah.
Yeah
I
didn't
find
any
problems
with
them.
Did
anyone
have
any
okay?
So
in
that
case,
I
will
ask
that
our
all
who
would
wish
to
approve
the
minutes
of
February
14th.
Please
raise
your
right
hand
and
there
we
have
it.