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From YouTube: Board of Zoning Appeals Meeting 12-12-06
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A
Good
evening
this
is
the
December
12
2006
meeting
of
the
Athens
Board
of
land
appeals.
The
time
is
707
p.m.
the
board
consists
of
five
members
and
one
alternate
who
couldn't
be
present
this
evening.
However,
present
this
evening,
our
members
Greg
Lovell
Rodger
Cruiser,
Betty
holo
and
John
goal
Z
I'm
Muriel
Frederick.
The
chair
also
present
this
evening.
Our
Zoning
Administrator,
Steve,
Pearson
and
Paul
Eschenbach
are
the
Acting
Secretary.
The
board
operates
according
to
the
following
procedure.
The
chair
will
name
and
describe
the
case.
The
Zoning
Administrator
will
cite
specifics
of
the
refusal.
A
The
appellant
or
representatives
then
will
state
the
case
for
granting
the
appeal
testimony
next
will
be
taken
from
those
who
support
granting
of
the
appeal.
Then
those
who
wish
to
speak
in
general
comment
and
those
who
would
support
denial
of
the
appeal
following
all
testimonies
the
board
will
receive
concluding
remarks
from
the
appellant.
The
discussion
from
the
floor
then
will
be
closed.
The
board
will
deliberate
and
render
a
decision
under
Evans
City
Code
section
two
three,
oh
seven.
A
A
Athens
City,
Code,
section
23,
9,
1
0
C
requires
that
variances
from
the
code
shall
not
be
granted
unless
the
board
makes
specific
findings
of
fact,
based
directly
on
the
evidence
presented
to
provided
to
it
that
each
and
every
one
of
the
following
six
criteria
are
met,
number
one
is
the
practical
difficulty
or
undue
hardship.
There
must
exist
a
practical
difficulty
or
undue
hardship
caused
by
exceptional
circumstances
pertaining
to
the
specific
piece
of
property
number
two
exceptional
circumstances.
A
Minimum
variance
is
number
four.
It
must
be
determined
that
the
variance
is
the
minimum
required
to
make
reasonable
use
of
the
property
and
number
five
absence
of
detriment.
It
must
be
determined
that
the
granting
of
the
variance
will
not
be
of
substantial
detriment
to
the
adjacent
properties.
Norma
t
really
impair
the
purposes
of
the
code
or
the
public
interest
and
the
last
knot
of
a
general
nature.
The
variance
sought
must
not
be
of
a
general
or
recurring
nature
such
that
the
situation
would
more
reasonably
be
handled
by
changing
the
law.
A
Any
person
who
is
aggrieved
by
the
decision
of
the
board
may
file
an
appeal
to
the
Court
of
Common
Pleas.
Such
petition
must
be
filed
within
30
days
after
the
mailing
of
the
board's
resolution
to
the
appellant
tonight.
There's
one
case
on
the
agenda:
it's
number
0
6
5
V
for
102
West,
Union
Street
zone
V,
1
Abdi
Sheikh,
is
the
appellant.
The
abort
is
required
by
law
to
take
testimony
under
oath.
Anyone
wishing
to
speak,
please
stand
to
be
sworn.
A
B
A
B
Rather
than
go
ahead
and
design
any
kind
of
parking
area
or
how
many
cars
could
be
parked,
there,
I
thought
I'd
go
to
the
tree
Commission
first.
One
thing
I
would
like
to
say
in
this
drawing
there's
an
illustration
essentially
of
a
ban,
as
opposed
to
a
car
sitting
right
here.
It
appears
that,
from
the
property
line
to
a
fence
from
this
property
line
over
to
a
fence,
that's
right
here.
There's
a
nine-foot
width
right
now
where
two
vehicles
could
be
stacked
behind
each
other
yep.
A
B
C
B
Also
in
order
to
install
a
parking
area,
as
I'd
mentioned
at
the
last
meeting
and
the
8-foot
buffer
of
trees
or
landscaping
and
trees
is
required
adjacent
to
the
front
wherever
there's
not
a
curb
cut,
and
that,
in
effect
completely
remove
that
parking
spot
right
there.
That
first
car
is
illustrated.
The
landscape
ordinance
would
require
a
eight-foot
buffer
and
trees
in
that
area.
B
Additionally,
the
landscape
ordinance
would
require
a
four
foot
buffer
against
the
adjacent,
am
property
in
m
Reynolds
apartments
for
feet,
because
it's
less
than
25
cars
or
less
than
7,000
square
feet
in
area.
The
pavement
would
be
so
there's
a
core
clip
required
here.
Eight
foot
required
on
the
front.
B
So
I
reviewed
this
with
the
tree
Commission
and
then
you
should
I
did
email
you
a
memo
from
the
tree
Commission
about
their
review
and
what
their
recommendation
might
be.
First
thing
I'd
like
to
clarify,
as
they
say
that
there
are
two
healthy
thornless
honeylocust
in
the
city's
right-of-way.
Besides,
the
sidewalk
I
think
that's
on
the
property
and
not
in
the
right
away.
B
If
the
variance
was
not
granted,
I'd
have
to
take
this
back
to
the
tree
Commission
for
them
to
grant
a
consolidation
permit,
and
you
know,
depending
on
waving
the
waving
the
front,
8
foot
buffer,
that'd
be
required
here
and
the
4
foot
buffer
on
the
side.
But
if
parking
went
in
there
I
think
is
there
memo
reflex?
But
if
you've
been
down
there
and
looked
at
it
all
those
trees
would
have
to
go
to.
C
B
D
C
C
B
B
B
So
because
the
the
clumping
of
the
two
trees
that
are
real
close
to
each
other
and
right
at
the
sidewalk,
no,
they
wouldn't
have
to
be
removed.
I
like
to
say
between
that
fence.
It
appears
that
between
the
fence,
that
wooden
fence
and
the
adjacent
property
line,
which
I
again
assuming
is
the
back
side
of
the
curb
line,
there's
at
least
nine
feet
of
width,
which.
A
A
I'm
not
seeing
economies.
Let
me
see
this
thing.
It
looked
to
me
when
I
was
looking
at
it.
Today
is,
if
you
drove
up
here
and
this
area,
the
fence
ends
and
there's
a
space
right
in
here
above
what
would
have
been
the
parking
lot
which
would
be
access
to
the
building
I
mean
if,
if
you
were
driving
up
here
to
load,
you
wouldn't
be
having
to
go
back
down
on
the
sidewalk
and
load
from
the
front
it
looked
to
me
like
there
was
a
doorway
back
there
that
you
would
load
in.
Oh.
B
When
Newton
Street
Cafe
was
in
there
I
remember
eating
there.
One
time
had
lunch
with
the
mayor.
We
got
our
food
went
through
a
door
right
here
and
out.
We
went
out
and
ate
on
the
patio,
so
in
that
door,
more
than
likely
the
state
of
require
that
that
door
swing
out
toward
these
cars.
If
you
parked
cars,
this
way
that
door
would
have
to
swing
out
for
egress
purposes,
so
you'd
be
swinging
the
door
out
into
those
cars.
B
Landscape
ordinance
does
not
apply
to
planting
cutting
or
pruning
trees
or
shrubs
on
private
property.
Just
on
the
city
right
away.
For
example,
the
tree
Commission
now
is
involved
with
the
possibility
of
plantings
on
the
bike
path.
Extension
they're
involved
with
some
cutting
and
planning
at
West,
8th,
Street
Park
as
examples
they.
B
The
shade
tree
ordinance
does,
though,
allow
for
citizens
to
take
advantage
of
the
tree
Commission
if
they
need
some
advice,
one,
a
consultation
and
a
site
visit,
or
something
like
that.
That's
a
service
that
the
tree
Commission
can
provide
to
citizens
free
of
charge
and
you
might
get
some
input
from
the
tree.
B
So
that's
another
function.
A
big
function
that
Street
Commission
has
is
really
to
help
with
public
trees
but
they're
glad
to
help
on
private
property.
Also,
if
you
have
an
ash
tree,
you
know
it's
going
to
be
just
the
emerald
ash.
Borer
doesn't
know.
This
was
on
the
right
way
and
this
one's
on
your
lot.
So
you
know,
if
that
come
to
pass,
they
could
come
out
and
identify
ash
trees
on
your
property
and
then
give
you
some
recommendations
or
some
ideas
about
what
you
might
have
to
do.
A
F
A
F
F
A
F
Me,
let
me
had
I
know
last
time
the
parking
it
was
also
for
delivery
trucks
and
also
for
patrons
for
the
business.
So
that
was
these
two
many
concerns,
so
I
just
want
to
get
you
know
and
understand.
It
was
only
for
you
know,
because
there
always
the
possibility
that
anybody
that
any
customer
that's
coming
into
the
to
the
business.
You
know
any
business,
that's
put
in
there.
You
know
the
possibility
of
the
customers
going
into
his
life.
Is
there
but
I
want
to
get
an
understanding?
F
If
it's
you
know,
feed
them,
because
the
drawer
last
time
you
know
if
we
come
into
Athens
and
there's
only
a
firmly
understanding,
three
cars
parking
and
an
event
behind
it.
You
know
if
we
park
in
that
area
and
then
in
there
that's
three
enough
for
the
you
know,
employees
and
uh-huh
and
and
that
what
I'm
saying
is
there's
no
room
for
customers
apart
there.
You
know
right
and
I
just
want
to
get
an
idea.
F
A
The
problem
that
the
my
understanding
a
way,
that
the
reason
that
you
all
have
to
be
here
is
because
you
are
required
to
have
a
certain
number
of
parking
places.
The
code
doesn't
specify
that
these
parking
places
are
specifically
for
specific
things
that
you're
just
required
to
have
a
certain
number
of
parking
places
for
your
business.
D
A
C
F
D
F
Then
you
know
just
you
know:
I
know
that
he
raised
to
go
to
issues
so,
but
we'll
just
you
know
what
guess
I'll
just
wait
for
the
gem
to
come
back
up
it.
Okay,.
C
Well,
I
think,
basically,
the
question
was:
was
there
a
possibility
of
creating
talking
data
and
at
the
time
that
we
talked
last
time
only
mr.
Morgan
seemed
to
have
any
dimensions
about
how
much
space
they
are
actually
was
and
consequently,
what
might
in
some
circumstances
be
possible,
and
so
that's
why
we
continued
to
actually
find
out
given
the
tree,
Commission's
land
and
the
landscape
ordinance
and
given
how
many
trees
you
would
have
to
have
to
buffer
this.
Or
that,
then
would
it
be
possible
to
create
parking
and,
if
so,
how
much.
D
C
G
G
G
G
Yeah
I
mean
but
but
you're
not
gonna
get
five
okay
out
of
it,
so
you
would
still
have
to
grant
a
variance,
I
suspect,
regardless
of
this,
and
so
I
would
suggest
here
that
there
is.
There
is
a
public
interest
in
maintaining
the
trees.
You've
got
there
and
allowing
the
variant.
That's
really
any
questions
on
ansible.
H
I
was
trying
to
figure
out
how
I
would
like
to
address
this
issue
and
I
thought
I'd
just
go
to
the
six
points
and
see
how
they
look
to
me.
So
I'll
read
through
this
real,
quick
I
know
it
I
want
to
take
a
lot
of
your
time,
but
I'll
read
through
this
real,
quick
and
they're
the
practical
difficulty.
This
is
a
self
imposed
by
the
honors
and
tenets
of
102
West
Union.
The
area
needed
for
substantial
portion
of
the
parking
is
available
on
the
site.
H
There's
room
for
four
spaces
10
by
18
for
180
square
feet
each.
This
would
allow
over
three
foot
of
planting
of
trees
between
the
properties.
This
plus
the
trees
on
the
wide
sidewalk
could
satisfy
the
tree,
Commission
I,
guess
what
I'm
suggesting
of
this
is
that
possibly
we
look
to
that
wide
sidewalk
is
possibly
a
barrier
for
planting.
H
The
request
for
variance
should
be
from
six
cars
down
to
four
or
let
and
less
trees
the
owner.
Could
we
also
request
the
city
placing
truck
loading
zone
in
one
space
directly
in
front
of
the
building
for
deliveries
during
the
work
day
for
one
to
four
pm,
this
loading
zone
to
serve
not
only
the
purpose
of
the
closed
cafe,
but
also
the
bike
shop
number
two
exceptional
circumstances
should
not
be
exceptional.
This
is
the
same
requirement
as
a
standard
for
everyone
am
Reynolds
spent
over
seventy
thousand
dollars
to
meet
the
standards.
The
standard
is
routine.
H
We
routinely
applied
to
uptown
businesses.
It
is
part
of
the
set
up
of
a
business
plan
and
properly
planning
funding
of
a
new
project
number
three
preservation
of
equal
rights.
What
is
equal
about
granting
of
parking
variance
when
the
adjacent
neighbor
has
met
the
code
at
a
considerable
expense,
and
in
fact,
if
this
parking
is
not
provided
by
the
cafe,
they
will
enjoy
our
parking
lot
to
make
deliveries
and
use
as
temporary
parking
with
no
regard
for
safety
and
convenience
for
our
people
authorized
to
use
the
parking
I'm
going
to
go.
H
Make
a
comment
on
this.
The
situation
exists
now,
where
you
have
that
one
driveway
that
quickly
filled
up
by
the
staff
of
the
union's
cafe
when
they
were
operating
and
at
that
point,
all
the
delivery
trucks
pulled
into
our
parking
mount.
So
that's
it's
not
really
correct.
I
mean
they
should
provide
parking
for
their
staff
for
their
employees
and
for
any
delivery.
They
should
make
some
some
parking
available
for
them
too,
because
if
they
don't
they're,
just
gonna
be
using
our
area
and,
quite
frankly,
I
don't
want
to
support
their
project.
H
Minimum
variance
a
minimum
variance
might
be
four
to
less
parking
spaces.
As
long
as
the
city
helps
out
with
the
loading
zone
space,
this
would
provide
for
on-site
spaces.
I
would
be
willing
to
bet
they
can
quickly
fill
up
and
there
will
be
a
stack
vehicle
in
the
driveway.
So
even
if
they
do
provide
these
four
spaces,
as
I
have
shown,
they're
gonna
fill
up
with
their
staff
and
they're
going
to
be.
Have
there
a
couple
other
cars
stacked
in
there
also.
H
Number
five
absence
of
detriment.
If
they
get
the
variance,
they
will
use
the
neighbors
parking
not
of
general
nature.
Quite
frankly
have
no
idea
what
this
means,
but
I'm
against
it
or
I'm
for
it.
Whatever
works
in
our
favor
other
points,
a
statement
was
made
that
the
cafe
will
attract
only
lure
flocking
customers
and
therefore
will
not
need
parking.
However,
the
staff
and
deliveries
for
the
cafe
could
exceed
six
spaces.
The
managers
of
the
proposed
cafe
are
from
out
of
town.
Where
will
they
park?
The
staff
will
drive
to
work.
Where
would
they
park?
H
Someone
mentioned
there's
play
of
street
parking
during
the
lunch.
This
parking
situation
uptown
has
been
getting
better
there.
This
is
not
because
Bureau
or
the
Board
of
Zoning
Appeals
is
giving
granting
lots
of
variances
parking
will
bring
the
customers
to
our
shops
and
restaurants
and
allow
our
in
town
businesses
to
compete.
H
With
the
malls
see,
there
was
a
suggestion
that
the
proposed
cafe
developers
meet
with
a
neighbor
I
provided
names
and
phone
numbers,
but
they
made
no
effort
to
contact
me
deed
is
too
easy
to
let
the
tree
Commission,
to
make
a
recommendation
for
parking
variance.
I
generally
applaud
their
efforts
and
successes,
but
they're,
not
the
ones
who
are
going
to
have
to
put
up
with
the
bad
situation.
I
think
our
first
priority
should
be
to
get
the
cars
off
the
streets,
particularly
when
the
site
has
already
a
hundred
trees.
H
If
you
want
to
help
out
help
with
the
rain
runoff
from
hard
surfaces,
then
they
could
suggest
one
of
a
dozen
brick
and
tile
parking
surfaces
rather
than
concrete
or
asphalt
that
allow
water
to
soak
into
the
ground.
We
are
requesting
a
denial
of
the
variance,
as
proposed.
We
would
be
in
favor
of
a
variance
to
require
parking
for
for
as
long
as
the
city
would
also
provide
one
space
for
loading
and
delivery
and
I'll
reiterate.
I
applaud
the
idea
of
trees
and
thank
you.
We
have
a
lot
of
trees
in
that
area.
H
These
trees
here
represent
a
certain
amount
of
financial
cost
and
things
like
this,
but
they
don't
merely
come
close
to
the
$70,000
that
my
partner
and
I
put
into
the
parking
lot
right
next
to
it,
which
is
virtually
the
same
depth
as
this
parking
lot
is
to
so
we
have
30
feet.
So
what
I'm
suggesting
is
is
that
we
were
made
to
to
meet
the
code.
H
E
Are
trying
to
establish
exceptional
circumstances
and
your
business
in
rental
business?
You
agree
that
you
do
need
to
require
parking
for
your
renters
24
hours
a
day,
but
exceptional
circumstances
might
be
for
in
cafe
that
somebody
is
there
for
maybe
an
hour
half
hour
two
hours.
It
is
not
as
necessary
or
important
as
having
a
rentals
that
you
need
to
provide
on
a
24/7,
24
basis,
parking
for
people
and.
E
H
H
Don't
know
who
else
was
in
there?
I
can't
remember,
but
whenever
that
was
a
business
we
had
a
problem.
We
had
a
problem
with
any
number
of
things:
grease
barrels
along
the
property
line,
trash
any
number
of
things,
but
big
delivery
trucks
pulling
into
our
area
our
tenants
being
inconvenienced,
it's
a
little
unsafe
to
have
them
backing
in
and
backing
out
whatever
so
I.
I
H
Saying
that
that
I
know
that
in
some
communities
they
require
deliveries
to
be
made
during
a
particular
time.
I
also
know
that
uptown,
we
have
particular
loading
zones
like
in
front
of
the
theater
that
are
very
specific
to
a
time,
so
suppose
you're
ordering
restaurant
things
and
you
say
to
them-
I
want
to
deliver
after
the
lunch
I.
H
H
Well,
all
I
was
thinking
that
that
it
is
nice
to
have
on
street
parking
as
much
as
possible.
I'm
encouraging
that,
and
even
though
you
can
go
down
there
any
given
day
once
even
the
students
are
here
and
still
find
parking
spots
along
there.
That's
what's
gonna
bring
people
to
that
part
of
town
and
compete
with
the
malls.
You
have
to
provide
the
parking
and
it
has
to
be
there,
and
so
as
I
say,
I
applaud
all
the
parking
issues.
H
I
didn't
particularly
like
putting
all
that
money
into
parking,
but
we
did
I'm
I'm
encouraging
it
so,
but
there's
been
no
no
suggestions
by
the
owner
tenant
in
this
particular
variance
as
to
how
they're
going
to
handle
it.
They
just
want
six
you
to
give
them
six
spaces.
You
know,
and
to
be
free
of
that.
B
The
city
has
loading
zones
quite
a
few
places
around
town.
Those
are
marked
by
the
street
department
at
the
direction
of
the
service
safety.
Director,
often
you'll
see
the
city
changing
loading
zones
depending
on
the
use
in
different
buildings
and
the
demand
we've
changed.
Uptown
parking
zones
quite
often
in
particular,
common
accommodate
large
beer,
delivery
trucks
and
we've
also
set
aside
some
motorcycle
parking
and
some
taxi
stands.
B
B
Usually,
if
a
property
owner
or
a
group
of
property
owners
want
to
do
that
their
request
of
the
service
Safety
Director
and
he
acts
on
the
advice
of
the
street
department
and
the
police
department.
Sometimes
the
administration
will
take
that
on
their
own
initiative.
If
they
see
parking
problems
in
some
areas
in
this
particular
area,
I,
don't
know
if
it's
still
there
and
I,
don't
know
that
you
know
if
it's
been
changed,
but
I
can
remember.
B
At
a
staff
meeting
former
service
safety
director,
Wayne
Key
had
asked
for
a
loading
zone
to
be
established
down
at
grinders
to
try
to
help
everybody
in
that
area,
because
there
was
no
loading
zone
in
that
area.
So
the
best
of
my
knowledge
there
is
a
loading
zone
for
everybody
in
that
area.
Data
because
you
have
Star
of
India
I
think
it's
called
Rio
Grande
as
a
Mexican
restaurant.
There
too,
and
then
you
have
grinders
used
to
have
Union
Street
Cafe.
You
do
have
the
Psychopaths.
B
You
have
the
cats
den
right
there
getting
deliveries
so
as
I
recall
mr.
keysaw
a
need
in
that
area,
for
a
loading
zone
and
from
what
I
you
know,
I
could
run
down
there
in
five
minutes
and
check
and
be
back
but
I.
Think
there's
a
loading
zone
for
that
business
area
in
front
of
grinders
I,
remember
discussion
about,
would
it
be,
would
have
created
difficulty
in
the
curve
in
the
road
right
there,
but
the
road
is
wide
enough
that
you
know
as
far
as
I
know
that
loading
zone
was
established
down
there.
C
B
Right,
as
I'd
mentioned
at
the
last
meeting
prior
to
the
most
recent
change
in
the
zoning
code,
there
was
an
exception
for
businesses.
I
believe
was
under
2,000
square
feet
in
area
they
weren't
required
to
have
any
kind
of
parking
when
the
code
was
revised,
that
essentially
small
business
parking
exception
was
removed.
So
it
didn't
matter
yeah
what
you
know
what
your
square
footage
was.
If
it
was
20
square
feet,
you
had
to
have
parking,
so
that
was
a
change
in
the
code.
B
The
places
that
are
down
there
now
went
in
prior
to
that
change
and
also,
even
though
a
business
might
change
in
a
certain
location.
As
long
as
it
doesn't
change
use
groups
if
they
have
any
legal
nonconformity
for
an
example.
In
this
case,
parking
that
grandfathering
continues
with
the
property
and
parking
is
only
required.
If
there's
a
change.
That's
not
the
case,
however,
in
this
situation,
because
if
this
appellant
had
requested
to
go
in
within
one
year
of
Union
Street
Cafe
moving
out,
they
would
still
have
been
grandfathered
for
parking.
B
They
lost
their
grandfather
parking,
whatever
deficient
parking,
grandfathered
efficient
parking
because
more
than
one
year
went
by
I
can
remember.
When
I
came
to
work
for
the
city.
Thirteen
years
ago
there
was
a
Chinese
restaurant
there
and
when
they
moved
out,
Union
Street
Cafe
moved
in
fairly
fairly
quickly
as
I
recall,
Union
Street
Cafe
was
a
24/7
operation.
I
know
my
office
ordered
you
know,
delivery
from
there
on
occasion
and
it
was
a
place
to
go
in
the
middle
of
night
to
get
something
to
eat
if
when
no
other
place
was
open.
B
B
Let's
see
there
the
parking
spaces
on
the
street,
there
are
two
our
metered
parking
spots,
so
my
you
know:
I
pulled
up
there
tonight
and
just
pulled
right
up
and
it
wasn't
you
know.
As
mr.
Morgan
indicated,
there
doesn't
seem
to
be
really
a
lot
of
times
a
parking
problem
there,
but
there
are,
you
know,
admittedly,
quite
a
few
uses.
The
smiling
skull
is
in
there
too.
So
I,
don't
know
where
everybody
parks,
when
the
smiling
skulls.
I
About
something
yelling
from
what's
been
discussed
would
the
delivery
trucks
seem
to
be
the
issue,
and
if
that
was
designated
the
parking
area
that
you
have
now
designated
as
a
delivery
parking
area
period,
then
that
would
be
addressed
the
trucks
full
in
there
load
and
unload
and
leave
and
the
employees
they
can
always
find
a
parking
space.
You
can
ask
any
employee
up
one-chord
street,
they
managed
to
find
somewhere
to
park,
and
perhaps
that
would
make
it
more
yeah.
B
I
H
B
Thing
I'd
like
to
know
too
that
owners,
as
Mr
Gru's
'red
pointed
out,
can
always
mark
their
parking
areas
as
private
parking
areas.
So
long
as
the
posting
is
in
accordance
with
the
Ohio
Revised
Code
for
private
parking
areas,
it
indicates
no
parking,
it's
visible
when
you
pull
in
it,
states
the
place
to
where
your
vehicle
may
have
been
towed
and
a
telephone
number
so
anytime.
If
a
private
parking
area
is
posted,
it
can
be.
You
can
tow
from
it.
C
C
D
A
C
B
The
recently
the
governor
Taft
and
the
state
transportation
bill
about
two
or
three
years
ago,
the
towing,
towing
service
companies
lobbied
the
legislature
and
had
the
local
regulatory
authority
of
municipalities
removed.
In
other
words,
municipalities
now
cannot
control
private
parking
areas.
That's
all
done
now
by
the
Public
Utilities
Commission.
So
the
city
has
no
involvement.
Now
in
tow
way
signs
private
tow
way,
science
tow
away
areas-
the
police
chief-
does
have
a
little
bit
of
authority
for
that,
but
it's
all
in
the
police
department.
A
C
B
It's
the
same:
the
regulations,
the
city
regulations
essentially
marry
mirrored
the
state
enabling
legislation.
It's
just
that
the
towing
industry
lobbied,
the
state
legislature
and
you
know
essentially
eliminated
municipal
jurisdiction
over
private
parking
areas,
saying
that
it
was
an
encroachment
into
interstate
commerce.
Somehow
they
convinced
the
state
government
that
that
was
true,
just
like
the
trucking
industry,
so
local
municipality
has
no
regulatory
authority.
Now,
as
it
relates
to
towing
companies.
B
H
Just
a
couple
quick
comments:
relative
to
private
parking:
I,
don't
want
to
police
their
parking
and
if
someone
were
parking
in
our
area-
and
they
shouldn't
be
parking
there
by
the
time,
I
would
get
a
complaint
for
my
tenant
and
call
the
police
or
have
them
call
the
police,
and
somebody
show
up
it's
possible.
They
would
be
gone
just
not
that
tenable.
That's
not
the
way
it
should
work.
H
That
Street
is
full
and
if
we
don't
provide
parking
or
make
sure
that
every
new
business
that
comes
in
provides
the
parking
as
required,
then
we're
going
to
be
going
backwards
in
terms
of
our
parking
situation.
The
reason
for
the
code
is,
and
so
somebody
doesn't
park
in
my
lot
with
a
delivery
truck.
The
reason
for
the
code
is
to
get
cars
vehicles
off
the
street
I'm
sure
you
know
the
reason
for
the
code,
but
that's
my
perspective.
H
I
don't
want
to
police
someone
else's
parking
lot,
I'm
not
going
to
call
I,
don't
have
any
right
to
call
if,
in
fact,
you
say
well,
they're
gonna
take
their
space
and
designate
it
as
delivery.
Only
and
I
see
somebody
parking
there.
That's
obvious,
saying
out
of
truck
I,
can't
call
somebody
and
say
take
the
truck
out
of
there
that
doesn't
work.
That
way.
That's
my
understanding,
I,
don't
think.
I
can
do
that.
H
I
So
what
mr.
Morgan
is
saying
in
a
sense,
then,
is
that
a
area
can't
be
designated
as
loading
and
unloading
and
enforced,
so
the
loading
and
unloading,
even
if
you've
got
six
parking
spaces.
There
give
me
six
customers
or
six
workers
or
there
can
be
filled
up.
There
still
isn't
going
to
be
that
loading
and
unloading
zone,
even
if
you've
got
six
parking
spaces
and
don't
need
a
variance.
B
The
board
can
attach
any
conditions
they
want
to
a
variance
and
we've
had
this
discussion
almost
every
meeting
about.
If
there's
some
condition
attached
to
parking,
how
will
the
code
enforcement
office
enforce
that
and
all
I
can
tell
you
is,
will
do
the
best
we
can
do?
We
would
act
on
a
complaint,
but.
A
A
A
B
B
You
don't
know
how
many
deliveries
and
you
haven't,
heard
anything
about
the
hours
of
operation,
yeah,
okay
and
one
other
thing,
I'd
like
to
point
out
no
matter
what
use
is
proposed
for
this
building
they'll
be
coming
in
for
a
parking
variance,
and,
of
course
you
know
this
one
is
most
similar
to
previous
uses
in
the
building,
but
anybody
that
goes
in
there.
It's
gonna
need
a
parking
variance
or
they're
gonna
have
to
install
parking
right.
D
C
B
F
F
I
F
F
F
A
F
F
F
C
F
D
E
A
B
C
A
A
B
B
J
C
B
A
J
C
E
C
C
J
B
B
Because,
and
and
as
I
mentioned
before,
to
that,
along
with
your
going
through,
the
findings
is
very
important
if
there's
ever
a
challenge
to
any
of
your
decisions,
and
that's
why
you
know
in
the
past
I
think
it
was
a
lot
more
formal
about
that.
What
exactly
the
motion
and
going
through
the
fun
so
I
just
encourage.
You
just
remind.
E
A
A
A
C
Think-
and
this
goes
to
the
exceptional
circumstances-
and
usually
I
am
NOT
a
person
to
have
argue
for
what
used
to
be
or
what
may
in
fact
be
in
the
future.
I
usually
look
at
the
code
and
say
this
is
what
it
is
now
and
I
can't
help
what
it
needs
to
be,
but
in
this
case
I
think
they
are
suffering
some
practical
difficulty
and
some
exceptional
circumstances
by
the
fact
that
the
Union
Street
Cafe
exited
that
property
in
a
rather
unexpected
manner
and
that
other
properties
are
grandfathered
in
this
almost
exclusively
and
yeah.
C
Mr.
Morgan
did,
on
the
other
hand,
mr.
Morgan
as
a
residential
property,
with
tenants
right.
We
have
clothes
that
are
permanent
and
this
is
a
totally
different
type
of
business
and
it
doesn't
strike
me
as
a
type
of
business,
that's
going
to
to
require
the
same
kinds
of
deliveries
or
the
same
kind
of
use.
So
it
seems
to
me
apples
and
oranges
and
and
I
don't
see
that
at
all.
E
C
E
F
J
C
A
Some
of
the
ones
on
the
side
as
well
would
have
to
go.
Yeah
I,
I
think
that
that,
wouldn't,
to
my
mind
anyway,
on
a
and
part
of
this
footage,
it
wouldn't
be.
The
intent
of
the
code
is
not
to
destroy
something
that
is,
you
know
a
public
good
in
order
to
provide
another.
Are
they
good?
The
parking
is
a
public
is
definitely
in
the
public
interest.
Well,.
C
C
C
A
E
A
A
C
A
C
There
has
been
detriment
in
him,
so
he
would
hope
that
the
new
tenants
would
be
more
more
accommodating
and
more
careful
in
operating
their
business
than
apparently
the
previous
tenants
were
and
I
think.
That's,
certainly
that's
something
that
anybody
who
goes
into
that
space
as
a
business
person
would
want
to
work
out
with
the
people
next
door,
who
has
been
inconvenienced
in
the
past.
Well,.
I
I
C
A
Also
occurred
to
me
that
I
imagine
there
will
be
times
when
students
are
moving
in
and
out
of
that
building
next
door,
when
the
students
will
be
parking
in
the
parking
place
of
the
restaurant
I'm
quite
sure
that
there
have
been
a
number
of
times
when
students
parked
there
when
they
were
overflowing.
So
these
things
happen,
but
the
detriment
I
think
is.
It
can't
be
substantial
if
it's
once
a
week
and.
C
D
J
C
A
A
A
Did
all
right?
Well,
then,
Greg
I'm
gonna
start
down
at
your
end,
because
you're
furthest
away
from
me,
I.