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From YouTube: Athens City Planning Commission Meeting 10-20-05
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A
Good
afternoon,
this
is
the
regularly
scheduled
meeting
of
the
Athens
City
Planning
Commission
of
October
30th
2005.
It
is
237
and
we
have
a
quorum
present.
There
are
three
people
here
and
that's
that
I'm
a
constitutes
a
quorum
and
I,
don't
think,
there's
anything
that
bringing
up
there,
which
has
a
problem
with
not
having
a
fourth
vote
on
a
four
vote.
So
if
you
plan
to
say
something
we
take
sworn
testimony
and
we
stand
and
raise
your
right
hand,
do
you
affirm
that
what
you
have
to
say
will
be
the
truth.
B
A
Right,
I'm,
gonna
strangle
myself
with
this
wire
I
think
the
first
case
is
Oh
5
0,
5,
0
7
mr.
drew
Ford
was
refused
a
zoning
permit
application
for
a
188
North
Lancaster
Street,
and
this
is
a
business
so
that,
if
there's
a
problem,
it
comes
to
the
Planning
Commission.
Because
of
the
business
nature
of
the
request
in
here.
There
is
a
letter
from
from
Steve
and
there
is
a
refusal
and
there's
a
drawing
and.
A
C
I'm
drew
Ford
and
you'll
have
to
excuse
me
because
I
really
don't
know
how
all
of
this
works
and
excuse.
My
ignorance,
I'm,
hoping
to
put
a
business
in
at
188,
North,
Lancaster
Street,
the
it's,
my
understanding
that
the
building
has
been
grandfathered
as
a
business
in
an
r1
zone
and-
and
my
understanding
is
this-
is
the
reason
I'm
here
is
it's
a
change
of
business,
a
type
of
business
it
has
always
years
ago
it
was
a
motorcycle
shop,
but
since
then
it
has
been
a
food
establishment
and.
C
C
There's
parking
out
front
that
it
has
been
sectioned
off
for
a
business
loading
zone
and
I
initially
thought
that
would
be
nice
to
be
able
to
keep
that.
However,
I
have
talked
to
the
people
at
the
Church
of
God
down
the
street
and
it's
about
a
block
away,
and
they
gave
me
a
verbal
okay.
Their
board
is
going
to
vote
tomorrow,
but
to
let
us
park
down
there,
so
that
would
actually
open
the
parking
in
front
of
that.
C
As
far
as
things
like
trash
pickup,
I,
don't
generate
any
more
than
a
regular
household
would
on
trash
days,
I
would
just
have
a
can
out.
There
I've
talked
to
one
person
who
used
to
live
directly
across
from
this
when
it
was
firehouse
pizza
and
they
said
that
there
were
numerous
times
that
they
had
to
go
over
and
complain.
The
firehouse
would
have
their
music
up
real
loud
doors,
open
late
in
the
evenings.
My
hours
are
during
the
week
normal
business
hours
evenings
weekends.
The
building
would
be
pretty
much
bacon.
C
A
E
E
Name
is
Steve
Pearson,
amazonian
administrator
for
the
city
of
Athens
Ohio.
As
far
as
I'm
concerned
and
I
believe
my
interpretation,
the
code
is
correct.
That
grandfathering
is
only
for
certain
use
categories.
That's
why
the
only
businesses
that
have
been
in
there
most
recently
are
ones
that
had
to
do
with
food
service,
so
that
grandfathering
for
commercial
is
only
extended
to
those
types
of
businesses
that
the
zoning
code
identifies
in.
That
category
would
be
my
understanding
that,
even
if
there
was
a
bakery
or
a
pizza
shop
in
there
today
and
mr.
E
Ford
asked
for
this-
the
grandfather
is
essentially
lost
because
the
use
is
changing,
it's
not
the
same
type
of
use.
It
could
have
a
different
kind
of
impact.
Although
the
presentation
is
for
a
business
with
lesser
impact,
it
could
be
that
the
business
proposed
to
replace
a
pizza
shop
would
be
a
greater
impact
and
therefore,
personally
I,
wouldn't
you
know
I,
wouldn't
extend
that
grandfathering
to
all
commercial
use
and
I.
Didn't
that's
why
I
refused
to
permit
I'm?
Not
there
was
a.
There
was
a
sandwich
pizza
shop
in
there,
I'm,
not
sure.
E
The
reason
that
we're
here
today
is
mr.
Ford
would
like
to
go
to
the
Zoning
Board
and
ask
for
a
use
variance,
although
in
some
municipalities
some
might
see
that
as
akin
to
a
spot
zoning,
the
city
of
Athens
owning
code
does
allow
the
Zoning
Board
to
grant
use
variances.
But
only
after
the
proposal
has
first
been
reviewed
by
the
Planning
Commission
and
the
Commission
makes
a
recommendation
then
back
to
the
Zoning
Board.
E
The
board
may
or
may
not
follow
the
recommendation
of
the
Planning
Commission,
but
the
law
does
require
that
initial
Ridge
'''l
input
from
the
Planning
Commission
I
gave
you
a
copy
of
the
that
section
of
the
code
that
pertains
to
this
and
it's
worded
the
way
it
has
always
been
worded.
It
says
the
Planning
Commission
shall
review
the
particulars
of
the
case
in
light
of
the
comprehensive
plan.
So
I'm
not
sure
if
we're
talking
about
the
75
plan
that
everyone
agreed
to
or
the
leaves
with
a
92
Planning
Commission.
This.
A
E
B
D
C
B
E
E
It
as
anything,
but
just
you
know,
a
residence
in
an
r1
I
could
have
issued
a
permit
for
that
this
area
at
that
intersection,
if
you're
familiar
with
it,
the
job
and
Family
Services,
is
right.
There
that's
zone
to
be
one
right
across
the
street,
the
larger
homes
on
the
I
guess
you
call
that
the
north
side
of
Lancaster
Street.
B
A
E
That's
a
cemetery
to
show
you
what
the
area
is
like
this
building
appears
to
have
been
constructed.
You
know
for
commercial
purposes,
but
when
that
area
was
zoned
in
1960
and
if
you're
familiar
with
it
or
not,
there's
a
house
in
between
this
building
and
job
and
Family
Services
and
for
some
reason
the
business
line
was
drawn
between
the
house
and
the
job
and
Family
Services
Building,
rather
than
two
Lots
down
between
the
house
farther
up
on
Lancaster
Street
in
this
particular
location.
You.
E
D
A
E
A
A
A
E
A
E
B
A
D
B
E
E
B
E
E
Property
owners
will
be
notified.
The
agendas
that
I
do
for
the
Zoning
Board
now
are
forward
to
all
of
the
neighborhood
associations,
so
there
will
be,
and
there
will
be
notification
in
the
newspaper
prior
to
the
meeting,
so
the
adjacent
immediately
adjacent
property
owners
will
be
specifically
notified
will
be
advertised
in
the
paper.
The
agendas
are
run
on
the
government
channel
and
also
at
the
city
website.
If
you
click
on
zoning
board,
the
agendas
are
available
there
too.
So
there
will
be.
You
know
wide
publication
of
this
hearing
when
it
makes
it
to
that
level.
E
E
E
D
A
D
E
B
E
B
E
It
is
essentially
a
Kenda
spots,
owning,
although
I
think
the
safeguard
at
this
level
is
that
the
Planning
Commission
is
supposed
to
be
looking
at
the
whole
picture.
The
whole
picture
where
the
Zoning
Board
is
just
focusing
right
down
on
one
lot
and
just
looking
at
it
I
think
it's
a
chance
to
if
it,
if
it's
obviously
glaring
that
you
know
this
is
just
not
anything
we
want
in
this
particular
zone.
The
Planning
Commission
would
have
a
better
overall
view
of
that
than
the
Board
of
Zoning
Appeals
might.
D
D
What
for
specific,
so
what
do
I
call
it
beside
spots,
something
very
useful,
a
variance
used
for
a
use,
variance
to
to
be
made
in
consideration
of
the
fact
that
this
particular
use
will
have
less
impact
on
the
neighborhood
and
the
current
designation,
and
that
the
variance
will
be
only
attached
to
this
particular
business.
If
the
business
changes,
then
it
has
to
be
considered
again.
D
B
D
A
A
E
E
E
The
question
that
was
going
on
there
was:
how
do
what
zoning
designation
do?
We
have
for
University
of
States
when
it's
annexed?
We
were
at
this
point
quite
a
while
back,
because
I
think
this
is
the
fourth
attempt
by
University
of
States
to
annex
and
I.
Think
there's
some
question
about.
When
is
PUD?
Actually
a
zoning
designation,
so
I
had
a
conversation
on
if
it's
included
in
what
you
have
there
with
Gary
hunter.
He
and
I
have
had
some
discussion
and,
as
we
look
through
the
zoning
code,
PUD
is
not
a
zoning.
E
District
PUD
is
an
assignment
attached
to
a
project
that
has
been
reviewed
in
that
manner
and
the
way
that
the
way
the
PUD
regulations
are
written.
Now,
once
you
have
your
plan
unit
development
approve,
your
zoning
designation
becomes
PUD.
Essentially
it
functions
as
an
overlay
rather
than
a
zoning
district.
A
lot
of
communities
do
have
PUD
zones
where
they're
trying
to
encourage
mixed-use
development
in
certain
parts
of
their
town,
but
in
Athens
the
way
the
PUD
regulations
are
written.
You
can
have
a
PUD
in
any
zoning
district,
but
PUD
is
not
a
zoning
district.
A
A
E
The
PUD
is
presented,
I
mean
if
universe,
the
way
I
look
at
if
university
of
states
would
like
to
apply
to
the
board
as
a
Planned
Unit
development,
which
they
couldn't
do
with
their,
what
they
did
before.
The
only
thing
the
code
allowed
for
was
either
a
commercial
or
a
residential
subdivision,
pu
d's
weren't,
something
that
was
applied
outside
the
city,
necessarily
I.
E
Know
that
their
original
presentation
was
they
wanted
to
follow
all
of
the
requirements
that
the
city
had,
even
though
they
weren't
in
the
city.
Yet,
but,
for
example,
if
construction
starts
over
there
tomorrow
on
a
house
or
a
building,
I
doubt
that
they're
going
to
apply
for
a
city
building
permit
they're,
not
in
the
city,
but
they
do
have
to
come
in
and
ask
for
that
zoning
designation
when
they
come
in.
If
they
wanted
to
PUD,
they
would
have
to
present
that
to
you.
A
E
Then
they
were
changed
from
there
if
r1
was
not
the
appropriate
designation,
the
way
the
codes
are
written
now
you
you
come
in
and
you
ask
for
a
designation
also,
the
way
the
code
is
written
now
if
the
developer
or
the
annexation
petitioner
doesn't
come
in
to
ask
for
zoning
designation,
the
Planning
Commission
actually
puts
a
designation
to
it
so
one
way
or
another
it
that
area
will
be.
Have
a
zoning
designation
when
it's
annexed
I
think
the
way
the
law
is
written.
E
Now,
there's
a
period
of
time
that
the
says
the
Planning
Commission
has
to
notify
the
annexation
petitioner
within
a
certain
amount
of
time
that
they
have
received
a
copy
of
the
annexation
petition
our
code.
The
way
it's
written
out
says
that
the
auditor
will
forward
that
information
to
the
Planning
Commission.
Although
that
petition
doesn't
go
to
the
auditor
so
I've,
given.
A
E
A
A
E
Than
wait
for
the
Planning
Commission
of
the
law
director
to
come
up
with
a
proper
procedure,
I
recommended
one
that
mr.
hunter
agreed
with.
He
also
if
you
notice
in
that
email
back
to
me,
said
that
the
Planning
Commission
should
recommend
to
council
a
specific
procedure
for
such
amendment
that
he
thought
for
this
one
time.
Only
that
what
I
had
described
to
him
has
an
acceptable
procedure.
He
he
had
no
issue
with
now,
I
guess
the
Planning
Commission
can
do
it
that
way
or
you
can
do
it
any
a
different
way.
A
E
A
E
E
Know
that
emails
are
public
records,
though
that's
why
I
always
try
when
I
do
this
too
I
try
to
stay
right
with
the
facts:
I,
don't
mention
names.
If
I
can
I
don't
mention,
addresses
I,
try
to
present
scenarios
and
given
that
information
I
lay
out
a
possible
course
of
action,
be
real
honest
with
it.
It
makes
it
very
efficient
for
me
to
to
work
with
the
law
director
in
that
in
that
manner,
I'm
sure
that
if
he
thought
there
was
something
that
was
just
off
the
wall
or
outrageous,
he
wouldn't
have
a
simple
statement.
E
D
E
With
now
what
had
happened
when
I'd
asked
the
law
directory,
he
went
out
of
the
country
for
a
while,
because
this
issue
has
been
on
the
table
for
quite
a
while
I
thought
that
I
had
a
scary
about
it.
Previously,
that's
what
that's
about
I
didn't
know
if
it
was
I,
hadn't
sent
it
to
him
or
he
hadn't
sent
an
answer
back
to
me.
Okay,.
D
D
E
E
E
Think
what
I
did
comment
back
on
was
Gary's
a
little
short
comment
that
he
thought
this
was
vine
for
this
one
particular
case
that
the
Planning
Commission
should
look
at
it
more
detailed
in
a
more
formal
way,
a
structured
written
something
in
writing
that
says
when
you
want
to
do
a
minor
amendment
to
a
plat,
that's
already
been
approved.
Here's
how
you
do
it
because.
A
He
right
he's
a
lawyer
and
he's
the
light
writer
and
he
should
sit
down
and
write
what
he
finds
acceptable
by
law
and
says
here
now.
Do
you
like
this,
and
this
is
this-
is
what
they
do
other
places
these
are.
This
is
the
body
of
law
about
this
sort
of
thing.
Instead
of
having
us
write
it
or
you
write,
it
I
mean
I,
get
a
little
annoyed
at
that,
sometimes
I'm.
Just
expressing
my
opinion
that
I
think.
E
A
B
A
B
E
What
we've
gone
through,
what
you
went
through
was
the
way
the
laws
are
written
now.
It
is
under
under
the
sole
responsibility
of
the
Planning
Commission
to
approve
minor
changes
to
previously
approved
subdivisions,
and
that's
why,
though,
for
example
in
my
recommendation
I
said
there
should
be
a
sign-off
line
on
the
new
plat
for
you,
the
clerk
or
the
president
of
Council.
E
Just
so
that
council
knows
here's
what
got
changed
even
though
there's
not
a
procedure
set
up
that
says
they
formerly
have
to
review
it
they're
at
least
going
to
have
to
sign
off
on
it
and
acknowledge
the
fact
that
the
Planning
Commission
did
do
a
minor
review
and
I
think
that's
what
Gary's
talking
about
it
might
be
that
between
the
planning,
commissioners
and
council,
you
might
want
to
finally
draw
a
line
that
says:
here's
where
a
Planning
Commission
can
do
a
minor
change.
Here's
what
we
think
it
needs
to
come
back
to
the
council.
E
I
think
that's
kind
of
woven
into
his
comment
about
the
the
procedures
at
the
Planning
Commission
should
adopt.
As
you
recall,
I'd
mentioned
the
bob
Eichenberg
and
I
the
county
planner,
had
talked
about
it.
What
could
be
considered
minor
enough
that
the
Planning
Commission
could
have
proved
it
without
another
review
by
the
council,
and
we
talked
about
particularly
in
this
case
the
roads
not
changing
the
water
lines
and
sewer
lines
are
changing.
E
There's
a
minor
impact
of
additional
impervious
surface
and
the
number
of
Lots
is
requested.
Additional
is
only
I
talked
Bob
and
I
had
talked
about.
What
is
what
would
be
minor?
Would
it
be
10%
of
the
laws
approved
or
10%
no
more
than
three?
You
know
at
some
point,
I
guess
what
Gary's
saying
is.
It
does
need
to
be
in
writing
for
the
sake
of
developers
to
know
if
I
want
to
modify
a
plan.
I
can
do
here's
the
procedure
I
have
to
go
through
for
this
much
modification.
E
I
have
to
go
back
through
the
complete
process.
If
the
modification
is
greater
than
that,
no
thing
could
say,
for
example,
if
there's
a
realignment
of
a
street
or
a
realignment
of
a
water
sewer
line.
That
might
be
something
that
that
might
be
a
point
at
which
the
Planning
Commission
would
like
to
kick
it
on
up
to
the
level
where
council
also
has
to
review
it.
D
B
E
D
E
E
Pretty
clean
and
straightforward,
it
hasn't
been
written,
although
approved
quite
a
while
back
by
Council,
mr.
loved
all
had
still
not
reported
flathead
and
right
now,
all
the
property
is
still
in
his
ownership.
It's
not
like
he's,
sold
lots
off
already
and
would
need
input
or
input
might
be
required
from
other
property
owners
in
the
subdivision.
He's
the
sole
owner
of
all
the
property
right
now.
E
He
has
to
sign
off
acknowledging
the
water,
sewer
and
street
because
eventually
there'll
be
a
point
in
time
where
the
developer
by
state
law
has
to
write
a
letter
to
the
service
safety
director
that
says
my
streets,
my
water
lines.
My
sewer
lines
are
now
to
a
point
where
I
would
like
you
to
take
them
over
and
initiate
the
bonding
period
where
the
entire
bond
required
for
those
installations
is
reduced
to
a
maintenance,
maintenance,
bond
and
I
believe
right
now
our
subdivision
regulations
say
10%
for
two
years.
E
It
used
to
say
one
year,
but
we
find
particularly
in
the
case
of
roadways,
that
they
seem
to.
They
seem
to
fail
right
after,
but
normally,
though,
if
they
are
going
to
deteriorate
to
a
point,
if
you
see
that
deterioration
between
year
one
and
year,
two
is
normally
where
it
shows
up.
So
that's
why
that
that
was
extended
out
to
two
years.