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From YouTube: Board of Zoning Appeals Meeting 07-13-06
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A
All
right,
this
is
a
meeting
of
the
Athens
Board
of
Zoning
Appeals,
and
the
meeting
is
called
to
order
at
this
time.
The
time
is
7
p.m.
the
date
is
July
13
2006.
The
board
consists
of
five
members
in
one
alternate.
The
alternate
takes
full
part
in
the
discussions
of
the
board
and
becomes
a
full
voting
member
in
the
absence
or
conflict
of
interest
of
a
regular
member
present.
A
This
evening,
our
members
Betty
hallo
Roger
cruiser
Greg
Lebel
and
our
alternate
David
Shafi,
who
will
be
taking
full
part
this
evening,
because
John
goals
he
is
unable
to
be
here
and
my
name
is
Muriel
Frederick
I'm.
The
chair
also
present
this
evening.
Our
Zoning
Administrator
Steve
Pearson
Paul
Assenmacher,
our
Acting
Secretary
Mike
Miller,
our
Assistant
Prosecutor
and.
A
Other
concerned
citizens
all
right:
the
board
operates
according
to
the
following
procedure.
The
chair
will
name
and
describe
the
case,
the
Zoning
Administrator
and
will
cite
the
specifics
of
their
refusal.
The
appellant
or
a
representative
of
the
appellant
then
will
state
the
case
for
granting
the
appeal
testimony
next
will
be
taken
from
those
who
support
granting
the
appeal,
then
those
who
wish
to
speak
in
general
comment
and
then
those
who
support
denial
of
the
appeal
following
all
testimonies,
the
board
will
receive
concluding
remarks
from
the
appellant
discussion
from
the
floor.
Then
we'll
be
closed.
A
B
ab
served
public
safety
and
welfare
secured
and
substantial
justice
done
athens
city
code,
2309
10
c
requires
that
variances
from
the
code
shall
not
be
granted
unless
the
board
makes
specific
findings
effect
based
directly
on
the
evidence
provided
to
it
that
each
and
every
one
of
the
following
six
criteria
are
met.
The
first
is
practical
difficulty
or
undue
hardship.
There
must
exist
a
practical
difficulty
or
undue
hardship
caused
by
exception.
Exceptional
circumstances
pertaining
to
the
specific
piece
of
property
number
two
is
exceptional
circumstances.
A
There
must
exist,
exceptional
circumstances
or
conditions
applying
to
the
property
for
its
intended
use
that
do
not,
in
general,
apply
to
properties
in
the
same
zoning
district,
the
third
preservation
of
equal
property
rights.
It
must
be
determined
that
literal
interpretation
of
the
code
would
deprive
the
appellant
of
rights
commonly
enjoyed
by
others
in
the
same
vicinity,
while
granting
the
variance
would
not
convey
a
special
privilege,
the
fourth
minimum
variance.
It
must
be
determined
that
the
variance
is
the
minimum
required
to
make
reasonable
use
of
the
property.
The
fifth
is,
as
absence
of
detriment.
A
It
must
be
determined
that
the
granting
of
the
variance
will
not
be
of
a
substantial
detriment
to
adjacent
properties,
norm
of
T,
really
impaired
the
purposes
of
the
code
or
the
public
interest
and
the
last
one
not
of
a
general
nature.
The
variance
sought
must
not
be
of
a
cello
or
recurring.
Nature
said
that
such
that
the
situation
would
be
more
reasonably
handled
by
changing
the
law.
A
The
board
is
empowered
to
hear
and
decide
applications
for
conditional
use,
and
none
of
this
applies
here
because
this
evening
it's
all
variances
we're
looking
at
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
boys
resolution
to
the
appellant.
C
A
B
D
D
D
The
hashed
out
area
is
the
footprint
of
the
existing
structure
and
then
there's
areas
that
are
indicated
that
will
be
additions
mainly
on
the
lower
part
or
the
B.
The
left
side
setback
of
the
house,
which
is
this
portion
right
here-
that
will
include
this
additional
lot
coverage
and
some
additional
area
to
be
enclosed
in
the
front
porch
area,
which
is
right
out
here.
D
Mr.
karageorge
owns
two
lots.
That
house
straddles
the
two
lots,
but
even
with
that
larger
area,
there's
a
2.4
percent
variance
required
for
maximum
lock
coverage.
The
lock
coverage
will
be
32.4%,
that's
what
is
requested
and
the
maximum
permitted
is
30%
the
left
side
setback.
The
request
is
3.9
feet
and
8
feet
is
the
permitted
minimum
you'll
stay
at
least
8
feet
away
and
the
rear
yard
setback
is
just
a
little
over
25
feet
and
30
feet.
Is
the
permitted
closest
encroachment
in
the
rear
yard?
So
those
are
the
three
variances
that
are
necessary.
D
A
A
A
D
A
C
Mrs.
Frederic
other
members
of
the
Board
of
Zoning
Appeals.
Thank
you
opportunity
to
appear
tonight:
I'm
Chris,
Gary,
Kier
speaking
on
behalf
of
Jim
Carrey
George.
The
reason
I
stood
up
and
raised
my
hand
to
get
testimony
tonight
also
is
as
a
fellow
member
of
the
community
who
lives
in
the
area
and
just
up
the
street
for
mr.
Perry
George's
project.
I
would.
C
C
You
will
see
from
the
letters
of
support
that
have
been
written,
that
for
joining
owners,
other
people
that
are
closing
area
and
basically
anyone
the
neighborhood
that
would
discuss
these
plans
with
Jim
have
all
indicated
their
support
for
this
project,
my
amount
of,
whereas
at
this
time
of
anyone
who
would
be
against
allowing
mr.
Kerry
George
to
go
forward
with
this
project.
The
reason
this
is
an
unusual
request
for
this
neighborhood
is
this
house,
as
it
stands
now
was
actually
built
on
two
Lots
well,
when
they
built
the
house
back
in
1959.
No
one
anticipated.
C
If
you
were
ever
going
to
make
improvements
on
the
dwelling
that
we
would
have
a
code-
and
you
would
have
to
administer
that
if
you're
going
to
make
changes
to
the
house
well
times
have
changed,
and
time
has
come
now
to
make
improvements
to
the
house.
But
you
have
a
very
nice
brick
structure
in
place
on
these
two
Lots
right
now.
That
does
not
lend
itself
to
being
moved
over
so
that
it's
properly
centered
as
might
be
required
under
the
code
in
its
present
form.
C
A
G
My
name
is
Joseph
Richard,
Sligo
and
I
live
a
102,
North
Lancaster,
Street
and
I'm
a
concerned.
Citizen
I
need
to
say
up
front
that
mr.
Kerry
George
is
a
close
personal
friend
of
mine.
He
happens
to
be
related
to
the
psycho
family
by
being
related
to
my
daughter's
husband
with
that
said,
and
out
of
the
way
I
want
you
to
know
that
he
knows.
I
speak
my
mind
and
he
speaks
his
mind,
and
sometimes
we
agree,
and
sometimes
we
don't
just
we
don't
agree,
here's
what
I
want
to
say
about
this.
G
One
I
see
no
problem
with
the
back
going
from
30
to
25.
Okay,
that's
one
thing:
there's
no
problem
as
far
as
I'm
concerned
with
the
difference
in
a
percentage
of
coverage.
This
is
a
sort
of
thing.
It's
very
close
and
I
think
the
board
oughta
grant
the
variance
for
that.
I
have
only
one
problem
with
it.
The
whole
thing
I
went.
G
The
reason
why
I
passed,
that
is,
because
he's
required
to
have
eight
feet,
no
I,
don't
think
there's
any
way
he
oughta
try
to
meet
8
feet
and
he
has
a
lot
of
coverage
it
as
a
side
setback
on
the
right.
That's
quite
a
bit.
I
even
made
the
veteran
of
20
feet
by
placing
one
I
have
question
with,
is
how
close
will
this
new
addition
be
to
a
garage
existing
garage?
In
other
words,
mr.
G
Kerry,
George
and
I
have
discussed
this
in
terms
of
my
experience
here
in
other
places,
in
some
places,
each
one
has
to
have
five
feet
off
of
the
property
line
to
get
ten
in
some
places,
some
has
16,
you
understand
what
is
varies
and
all
I'm
after
is,
is
the
fence
coming
down?
I
need
to
know
that
and
if
the
fence
is
coming
down,
then
the
end
of
the
addition
will
not
be
up
against
the
garage
this
distance,
but
longer
what
are
the
three
point?
F
G
I
can
make
another
statement,
but
if
I
don't
know
that
I
can't
because
the
existing
fence
is
extremely
close
to
the
existing
garage
now
I
know
what
happens
in
small
towns
and
large
towns
developers
go
as
close
to
they.
Can
they
push
the
regulations
they've
got
mr.
garelis
is
out
of
respect
for
the
law
profession.
They
have
good
lawyers
or
have
good
for
advisors
and
I,
understand
that,
but
I
would
be
concerned.
If
this
condition
is
right
up
against
that
garage.
As
you
go
past
on
the
street,
that
would
be
it
would.
G
I
saw
the
drawing,
but
I
can't
tell
see
the
plat
maps
are
not
official
boundaries.
You
and
you
have
to
have,
and
the
reason
I
know
that
is
over
the
court.
The
gentleman
that
provides
plat
map
has
a
sign-up
burr.
This
is
you
need
a
surveyor
and
all
I'm
after
is
I,
don't
know
where
the
property
line
is
I,
assume
it's
halfway
between
the
fence
in
the
garage.
G
G
D
D
That's
normally
contained
in
a
deep
in
the
property
description
in
a
deep,
so,
for
example,
up
front.
It
says
on
Strathmore
Boulevard,
one
hundred
nine
point:
eight
three
feet:
excuse
me
on
the
north
104.7
two
feet
same
dimension
on
the
back
109
twenty
three,
so
generally
that
when
you
see
that
that's
call-outs
off
of
a
deed
or
off
of
a
survey,
so
this
is
not
an
actual
survey.
It's
not
been
sealed
by
a
registered
surveyor,
but
I
I
would
believe
it
to
be
an
indication
of
the
actual
actual
size.
A
A
D
C
C
I
think
I
can
bring
a
lot
of
assurances
to
these
some
of
the
questions
that
was
raised
for
Sonia.
The
first
is
in
regard
to
be
how
you
look
at
the
planted
Lots
in
a
subdivision
ourselves.
You
don't
have
meets
and
bounds
and
you
plan
a
subdivision,
because
those
are
all
referenced
on
the
map
itself
and
that
map
does
give
dimensions
and
there
have
been
pin
set
for
each
one
of
the
corners
of
those
Lots.
So
there
there
are
as
easy
to
perform
survey
money
on
a
city
lot
and
determine
exactly
where
that
line
runs.
C
There
has
been
a
survey
done
and
on
these
Lots
in
anticipation
of
this
project,
and
the
Builder
has
reflected
that
information
and
his
information
he's
given
to
you
here
tonight,
so
we
feel
very
confident
in
the
numbers
that
have
been
presented
to
the
board
that
they
are
accurate.
With
regard
to
the
3.9
feet,
we
were
talking
about
a
distance
that
is
less
than
about
two
thirds
of
my
body
life,
so
we
would
submit
that
this
is
not
a
particularly
dramatic
change.
We
would
also
submit
that
the
neighbor
immediately
adjoining
this
law,
mr.
C
Conrad,
has
written
the
board
a
letter
in
support
of
this
project,
saying
that
he
feels
that
this
will
actually
improve
the
value
of
his
property
if
this
improvement
was
made
to
his
property.
So
we
would
hope
that
the
board
would
look
favorably
upon
what
is
in
essence,
a
fairly
modest
request,
I'm
very,
very
hesitant
to
start
changing
the
plans
of
the
Builder
as
far
as
the
amount
of
footage
that
it
goes
over
in
one
direction
or
another.
There
were
reasons
that
he
drew
this
out.
C
F
C
I
guess
the
the
only
request
we
would
continue
to
submit
to
the
board,
though,
is
that
this
is
even
yes,
there
are
three
requests,
but
they
are
fairly
de
minimis,
many
of
them
in
nature,
and
we
would
hope
that
the
totality
of
them
would
not
cause
the
board
to
look
this
favorably
upon
request.
I
would
bring
the
board's
attention
back
to
the
people
that
live
in
the
neighbourhood
here
have
spoken
with
some
unanimity
that
they
think
this
is
a
good
project.
I
think.
I
Betty's
curious
and
so
am
I
regarding
this
particular
setback,
all
the
others
secure
to
be
within
a
reasonable
amount,
but
if
we
knew
exactly
what
the
nature
of
this
addition
is
and
how
important
it
was
that
it
extends
that
close
to
the
property,
then
we
would
be
in
a
better
position
to
make
a
judgment.
I.
A
J
J
A
A
J
J
F
A
J
A
A
F
J
F
G
J
J
The
new
plans
they
would
incorporate
a
bedroom,
a
bathroom
master
bedroom
master
master
bathroom
as
the
houses.
Now,
if
you
have
a
king-size
bed
of
a
pretty
large
guy
okay,
you
can
walk
around
the
perimeter
of
the
bed
in
the
bedroom
and
that's
it
there's
no
room.
So
what
it
allowed
me
to
do
is
really
have
two
and
a
half
car
garage.
If
you
will
the
half
part
to
be
used
as
storage,
the
two-car
garage
to
be
used
to
basically
store
cars
and
so
forth,
and
then
that
would
incorporate
a
laundry
room
as
well.
J
F
A
K
A
It's
always
hard
to
wait
another
month
or
so
when
you're
making
plans
to
build,
but
I
think
that
would
be
very
useful
to
us
to
be
able
to
hear
from
the
Builder
the
reason
for
having
to
have
this
in
because,
as
Betty
said,
the
each
individual
variance
by
itself
is
not
so
great.
But
when
you
start
piling
all
together,
it
gets
harder
to
find
for
minimal
variance
so
yeah.
If
we
could
hear
why
we.
A
A
A
Help
good
all
right.
Well
then,
this
will
be
decided
when
we
get
to
hear
the
testimony
of
people
who
can
tell
us
the
answers.
Okay,
then
our
next
case
just
to
continue
we're
good.
We
voted
to
continue
because
we
need
to
hear
some
details.
The
information
that
wasn't
available
to
us
right
now
are
we
all
voted
in
favor
of
it.
D
I'm
included
in
the
packet
of
information
that
I
gave
you
was
a
sight
drawing
provided
by
the
applicant
I,
also,
hopefully
in
the
packet.
Yes,
it's
a
copy
of
the
tax
plat
of
the
area,
indicating
that
the
property
is
located
at
the
intersection
of
Morris
Avenue
and
Campbell
Street.
So
it's
a
corner
line
I
also
attached
the
pack
of
information
that
you
have
section,
23,
o
308
called
yard
regulations.
Essentially
what
it
indicates
in
Section
B
is
that
corner
Lots
have
two
fronts:
instead
of
calling
it
two
fronts,
they
call
it
a
side
street
setback.
D
D
Many
subdivision
platted
before
1960,
which
this
subdivision
was
only
requires
on
the
side
street
setback,
a
25
excuse
me
12,
and
a
half
foot
setback
which
is
half
of
the
25.
So
you
first
have
to
look
at
that
regulation.
This
essentially
says
a
corner.
Lot
has
two
fronts.
The
next
section
talks
about
just
2303
14.
It
just
says
it's
got
some
regulations
on
fences,
but
then
it
says,
however,
no
fence
or
wall
regardless
of
height,
shall
extend
beyond
this
building
front
setbacks
line
in
accordance
with
the
standards
and
regulations.
D
D
A
D
D
The
house,
which
means
from
the
fence
to
the
actual
curb
line
of
the
street,
is
going
to
be
about
seven
feet
from
the
curb
back
seven
feet
of
grass,
which
there's
a
there's,
an
older
sidewalk
there
it's
kind
of
hard
to
see,
but
there
is
an
area
where
pedestrians
can
can
walk.
There
won't
be
any
problem
with
the
fence,
obstructing
pedestrian
traffic
and
the
fence
will
be
right
there
on
the
property.
The.
F
D
A
A
D
I
Have
an
answer
v:
if
I'm
in
a
subdivision
and
I'm
building
homes
all
want
to
have
a
nice
line
along
the
street
and
that'll
include
the
corner
and
then,
if
I
turn
the
corner
and
go
the
other
way.
I
want
the
same
thing.
So
I
need
to
have
that
corner
house
line
up
with
the
existing
homes,
their
streets
and.
F
C
K
K
A
D
I
was
trying
to
point
out
by
showing
you
both
those
section
of
the
code.
Is
they
really
don't
seem
to
have
any
relationships,
but
they
do
affect
each
other
and
I.
Think,
as
Roger
said,
the
reason
I
think
the
code
says
25
feet
after
1960,
that's
when
the
code
was
adopted.
So
you
don't
want
that
corner
house
sticking
out
on
each
corner.
You
want
to
line
up
problem
is
then
on
a
corner
lot.
You've
lost
quite
a
bit
of
yard
just
to
meet
the
regulations
compared
to
interior
laws.
D
D
D
D
There's
no
prohibition
for
trees,
but
you
want
to
be
able
as
easily
as
possible
to
get
up
to
the
front
of
the
house
and
I've
always
used
that
as
a
rationale
why
fences
are
not
permitted
in
the
front.
Any
additional
obstruction
would
limit
the
ability
of
service
and
safety
officials
and
employees
to
do
what
it
is.
They
need
to
do.
D
A
D
A
L
D
A
A
G
D
A
A
A
I
also
would
like
to
do
that.
Our
next
case
is
the
third
case.
It's
the
North
College
Street,
nine
North
College
Street
for
the
First
Presbyterian
Church.
It's
number
zero,
six
one,
eight
V,
don't
are
three.
They
are
present
right,
good,
all
right
Steve.
Would
you
like
to
cite
the
specifics
of
refusal
in
this
place.
D
Again
included
in
the
package
of
information,
I
provided
the
board,
you
have
a
copy.
The
refusal
which
states
the
basis
of
the
refusal
recites
the
Code
sections
in
sites
of
deficiencies-
second
page
in
the
packet,
usually
that
I
give
you
is
a
tax
clap
with
drawn
on
to
it
the
zoning
boundaries
and
adjacent
zones.
D
Actually
kind
of
in
front
of
and
off
to
the
side,
the
Police
Department
front
entrance,
the
third
page
you
have
a
footprint
drawing
of
the
building.
Now
the
the
renovations
that
have
taken
place
in
the
building
did
not
include
any
additional
exterior
expansion.
It
was
all
internal
for
the.
As
far
as
I
know,
the
entire
building
had
been
dedicated
to
use
is
related
to
administrative
nature
for
the
Presbyterian
Church.
D
D
D
The
church
does
own
the
parking
lot
next
to
the
police
station.
They
lease
that
to
the
city,
so
they
own
the
park
actually
own.
The
parking
lot
right
next
door
and
it's
my
understanding
that
their
preference
would
be
to
Rev.
Indeed
restrict
those
parking
spots
would
be
to
show
a
lease
each
year
to
the
code
office
and
have
that
contained
in
the
rental
permit
file,
an
additional
variance,
I
believe
that
would
also
be
necessary
because
stacking
is
not
permitted
in
an
r3
zone.
A
D
D
Could
probably
physically
put
two
four
five
six
seven
cars
in
there
in
the
driveway,
which
is
two
more
than
what's
required?
The
problem,
though,
is
stacking,
is
not
allowed.
Accessibility
is
required
and
because
only
none
of
these
spaces
can
actually
be
counted
over
one.
Then
those
additional
parking
spots
for
the
residents
have
been
proposed
to
be
in
these
spaces,
less
than
250
feet
away,
actually
right
next
door
and
in
the
same
ownership.
So
a
lease
in
lieu
of
a
deed
restriction.
D
A
D
A
G
B
D
A
E
I'm
Scott
Malcolm
that
reside
at
thirty-one
Utah
place
and
financial
secretary
and
member
of
the
First
Presbyterian,
Church
and
First
Nations
say.
Actually
there
are
three
parking
spots
back
that
are
accessible
and
they
used
every
day
except
right
now
and
the
renovations
were
not
used
because
the
construction
people
for
the
hammer
to.
E
E
E
Part
of
it,
the
upset
the
the
downstairs
portion
has
been
used
as
the
office.
The
upstairs
portion
presently
is
this
been
falling
into
disrepair
and
it
seems
silly
to
have
this.
This
place
upstairs
empty
and
falling
down
around
us,
and
it
was
considered
to
change
it
in
renting
out
the
business.
But
there
are
no
businesses
interested
in
renting
property,
downtown
and
there's
a
high
demand
for
property
being
relative
for
residential
purposes,
and
so
it
would
add
income
to
church,
and
it
would
also
upgrade
the
property
which
is
falling
down
around
those
upstairs
otherwise.
E
E
E
E
But
what
were
really
asking
about?
Here's
been
actually
leasing
there,
and
that
was
an
option.
What
we
really
would
like
is
a
variance
from
the
zoning
for
code
for
the
three
things
noted
in
the
denial
to
permit
the
property
of
nine
North
College
to
be
used
as
a
church
office
and
two-bedroom
apartment
with
five
spaces
out
of
all,
not
all
of
which
are
accessible.
E
E
E
The
various
new
thing
we
need
is
a
variance
for
accessibility.
Even
if
we
were
granted
the
variance,
we
would
not
use
the
property
in
that
manner
because
we
already
own
the
Lots
next
door
with
51
places.
So
the
the
tenants
upstairs
if
they
have
cars,
will
be
allowed
to
park
on
the
property
itself
without
any
interference.
A
E
E
A
E
Strongly
told
do
not
encumber
any
other
property
that
you
own,
let
the
property
at
nine
North
College
stand
us
own
merits,
because
there
is
sufficient
parking
on
the
property
if
it
were
used
as
a
business.
So
within
two
hundred
fifty
feet
or
the
parking
garage,
only
entry
would
be
five
hundred
feet.
If
what
were
used
as
a
residence,
you
can
stack
all
the
cars
in
there
you
wanted
to,
and
you
wouldn't
need
a
variance.
A
E
A
A
E
A
E
A
E
E
K
E
A
E
We
presently,
when
we
lease
this
up
to
the
city,
we
reserved
right
now,
five
spaces
clearly
used
by
the
church.
That's
been
done
for
the
last
ten
years,
so
that
we're
can.
We
will
continue
to
reserve
those
spots.
There's
no
doubt
that
we're
not
we're
not
about
to
allow
stacked
parking
go
in
the
ministers.
Don't
want.
E
A
E
Right,
we
do
not
want
to
do
that.
We
are
therefore
therefore
must
come
to
the
Zoning
Board,
and
we
feel
that
our
argument
should
be
compelling
enough
because
of
all
the
parking
that
is
available,
that
we
have
to
be
the
parking
garage.
We
have
the
spaces
behind
this
building
and
we
have
the
parking
lot
next
door,
which
has
51
spots,
I
mean
they'll,
tell
the
city
police,
they
can't
park
there
anymore
and
push-truck
all
you're.
A
A
E
I
A
A
A
A
A
G
F
G
G
Tell
you
that
all
the
time,
because
the
more
you
put
on
it
when
you
go
to
sell
it,
here's
what
I'm
after
I
think
the
board
could
say
that
as
long
as
that
apartment
is
there,
two
places
have
to
be
on
that
parking
lot
with
the
Presbyterian
Church
on
us
and
if
they
sell
that,
then
out
comes
the
apartment,
variance
and
then
mr.
Mackall
made
another
remark.
He
said
they
don't
want
the
variance
to
go
with
the
property.
I
thought
the
variance
always
would
would
appropriate.
G
G
He's
got
five
places
there.
He
doesn't,
he
doesn't
one
stack
Parker.
He
can
see
why
that
wouldn't
work,
and
if
you
have
visitors
from
out
of
town,
you
can
always
use
one
of
those
five
places
for
them.
Can't
you
so
yeah,
and
as
long
as
the
first
material
Church
uses
that
law
and
keeps
it
and
doesn't
change
it
and
sell
it
for
an
apartment
house,
you're
all
right,
but
to
see
the
minute
they
sell
that
lot
and
there's
no
guarantee
that
the
students
can
park
there
as
part
of
their
deed.
G
G
They
reserved
those
five
places
and
quite
often
during
the
week,
they're
empty
and
everything
else
is
still
and
I
felt
like
going
in
hurts
you
want
to
have
them
get
a
ticket
on
both.
They
told
you
I,
think
I'll
take
I,
think
there's
a
toaster
in
it.
Thank
you
very
much.
Well,
thank
you.
How
did
favor
thank
you.
A
A
D
D
It's
really
not
that
hard
to
be
honest
with
you,
I'm,
not
saying
that
we
see
it
every
year,
but
we
see
it
at
least
every
two
years
and
what's
nice
about
the
records
down
at
our
office?
Is
that
they're
all
public?
You
can
come
in
and
look
at
them
and
if
a
tenant
wondered
where
their
parking
was,
they
could
come
to
the
office
even
if
they
hadn't
been
offered
the
parking
spot
or
the
lease
hadn't
been
provided.
It's
part
of
them.
D
You
know
that
the
action
tonight
of
the
board
is
contained
in
the
official
rental
permit
file
so,
and
we
always
encourage
people
to
come
in
and
look
at
those
files.
Look
at
all
the
properties,
especially
in
the
Uptown
area
that
have
recently
been
granted
variances
for
in
same
ownership
but
distance.
So
what
we
have
is
underutilized,
especially
second
floor
areas,
really
be
honestly
in
the
Uptown
area.
A
D
First
and
easiest
and
cleanest,
but
maybe
not
the
most
effective
as
to
grant
a
variance
for
stack
parking
for
five
cars.
That
would
be
the
easiest
and
least
likely
for
anything
to
go
wrong
as
far
as
paperwork
we've
got
a
follow
up.
Second,
would
be
to
either
allow
stack
parking
for
three
vehicles
for
the
business
shoes
or
just
acknowledges,
as
mr.
Malcolm
said,
that,
even
though
it
doesn't
meet
the
strict
requirements
for
size,
you
can't
pass
three
cars
by
each
other.
Technically,
it
just
doesn't
meet
the
size
requirement.
I
D
D
D
So
and
then
I
can
see
to
even
even
though
it's
in
an
r3
zone,
and
it
doesn't
have
the
same
privilege
of
using
the
parking
garage
for
business
purposes
as
the
B
to
D
district.
There
are
many
properties
further
a
lot
further
away
from
the
parking
garage
and
enjoy
that
benefit
for
their
business
use.
This
property
just
happens
to
be
on
the
wrong
side
of
that
line
of
parking
privilege.
D
J
D
What
would
you
know
we're
just
actually
trying
to
match
up
parking
spaces
to
uses
and
people,
and
it's
all
to
be
realized
with
it?
Is
it's
hard
then,
after
the
fact
to
say
well,
this
car
is
supposed
to
be
here
and
I'm
gonna
check
it
today
to
make
sure
somebody
in
this
office,
who's
working
here
is
parked
right
there
and
that
the
tenant
upstairs
is
parked
right
over
there.
I
want.
H
B
D
A
D
So
you
could
I
mean
them.
In
that
case,
the
compromise
will
be
just
to
acknowledge
that
you
can
move
three
cars
for
the
business
use
in
the
driveway
and
in
behind,
and
that
there'll
be
two
two
parking
spots
reserved
by
lease
provided
copies,
copies
of
which
will
be
provided
the
code
office
yearly
and.
A
A
F
A
B
F
C
D
I
A
H
A
H
A
F
A
A
B
K
A
H
B
C
A
B
A
A
A
Okay,
various
really
really
meeting
to
more
parking
places,
all
right
and
the
fact
they
and
they're
not
any
distance
away
at
all,
is
in
their
favor.
It's
right
next
door
right
and
they
already
have
those
five
spaces
reserved,
so
they
can
use
to
about
and
absence
of
detriment
exceeds
that
three
cars
there.
So
that's
not
a
detriment
to
continue
to
do
it,
but
then
the
additional
parking
being
provided
right
next
door
seems
like
it
would
admit
any
kind
of
detrimental
that
might
exist.
Can
we
keep
the
cars
off
the
street
I
can't?
H
A
B
A
B
I
I
I
F
D
D
D
This
was
a
little
history.
The
original
permitting
by
the
city
of
Athens
for
the
original
structure
was
based
on
a
monument
or
a
marker,
Mountain,
the
old
railroad
bed,
which
was
found
to
be
different
in
elevation
than
what
then,
what
everyone
thought
so
Grover's
originally
built
at
what
they
thought
was
a
protection
level
based
on
a
on
a
baseline
elevation
provided
by
the
city
and
all
that
informations
contained
in
those
minutes
of
that
of
that
meeting
from
five
years
ago.
D
What
I'd
like
to
point
out
to-
and
it
really
didn't,
come
out
too
much
in
that
meeting.
The
National
Flood
Insurance
Program
another
for
a
city
to
be
a
participating
community
requires
that
you
adopt
at
least
the
minimum
standards
required
by
females.
In
the
case
of
the
city
of
Athens,
we
have
higher
standards
as
concerns,
flood
protection
of
structures,
and
we
have
what's
called
a
one-foot
freeboard
requirement,
which
is
all
buildings
have
to
be
protected
to
at
least
one
foot
above
the
base.
Flood
elevation,
where
the
national
minimum
standard
is
at
the
base
flood
elevation.
D
What
we're
talking
about
here
is
a
difference
of
about
8
inches,
so
the
structure
itself
now
on
which
of
variants
was
granted
exceeds
the
federal
minimums
by
4
inches
but
as
8
inches
below
our
local
requirements.
There
was
information
presented
at
that
hearing
about
engineering
considerations.
Why
you
know
you?
Couldn't
you
couldn't
flood
proof
the
building
or
try
to
keep
the
water
out
I?
D
Think
as
as
I
read
through
the
minutes
of
that
meeting,
I
had
spoken
with
Nancy
Olson
who's,
a
FEMA
administrator
with
because
district
5
in
Chicago,
and
at
that
time
she
said
anything
that
had
been
Mis
permitted
required
a
variance.
So
that's
why,
five
years
ago,
Kroger
had
a
variance
for
their
substantial
improvement
to
the
building
right
now
the
the
idea
is
to
add
a
little
over
20,000
square
feet
of
additional
floor
space
to
Kroger's.
D
It's
indicated
the
size
of
it's
indicated
on
the
drawing
that
you
have
in
speaking
with
Cindy
crecelius
who's,
the
director
of
a
department
of
natural
resources,
floodplain
management
division.
She's
informed
me
that
any
variance
granted
for
a
structure
that
variance
does
not
does
not
continue
additions
to
that
building.
So
saying
all
that,
that's
why
we're
here,
the
variance
granted
five
years
ago
applies
the
existing
building,
but
does
not
does
not
carry
any.
E
D
I
was
just
looking
today
at
the
the
state
floodplain
management
website,
because
I
was
asked
the
question
if
the
city
of
Athens
was
actually
a
compliant
community.
This
was
in
relationship
to
the
possibility
of
the
city
participating
in
a
program
called
the
community
rating
system
where
FEMA
comes
in.
They
look
at
your
record,
keeping
your
permitting
your
documentation,
your
regulations
and
they
determine,
if
you
score
high
enough
on
a
point
scale,
to
reduce
everyone's
flood
insurance.
For
example,
you
only
have
to
reach
a
five
hundred
point
threshold
to
qualify
for
the
first
flood
insurance
discount.
D
The
fact
that
the
city
has
a
1
foot
free
board
constitutes
300
points,
so
I
believe
right
now,
if
we,
if,
if
we
go
through
all
the
process,
to
participate
in
the
community
rating
system,
more
than
likely,
we
can
top
that
500
mark
fairly
easily
several
years
ago.
I,
don't
know
if
you
remember
or
not,
I
was
in
quite
a
controversy
with
floodplain
management
people
in
the
Ohio
University,
because
ODNR
said
we
should
be
pretty
of
Athens
should
be
permitting
for
our
university
and
after
all,
that
was
said
and
done.
D
Oh,
you
is
self
reporting
out
to
the
state.
The
city
has
no
responsibility
toward
permitting
at
Ohio
University.
So
that's
why
I
have
pretty
close
working
relationship
with
the
people
in
Columbus,
a
matter
of
fact.
They
were
just
down
here
yesterday,
giving
a
presentation
on
community
rating
system,
higher
standards,
Hazard
Mitigation
and
some
things
to
to
help
appreciated.
B
D
Was
my
effect
when
they,
when
they
come
in,
that's
one
of
the
things
they
look
at
when
they
come
in
and
do
their
what
they
call
the
community
assistance
visit?
They
want
to
look
at
a
record
of
all
the
variances
have
been
granted
and
they
want
to
see.
If
there's
any,
you
know
anything
that
doesn't
seem
reasonable
at
all.
D
There
are
some
communities
who
have
older
communities
that
have
many
older
buildings
that
are
very
much
below
the
base:
flood
elevation
and
there's
an
exception
for
historic
structures,
well--that's
structures
that
are
on
the
Historic
Registry,
but
this
particular
town
is
just
creating
variances
we're
saying
they
didn't
need
variants
because
they
were
old
buildings.
They
caught
him
historical.
That
community
went
on
probation.
D
That
community
also
granted
many
variances
for
older
structures
that
were
damaged
greater
than
50
percent
of
their
value.
The
cases
were
they
granted
variances.
That
was
also
a
determination
that
put
the
community
on
probation
for
a
few
years.
I'm,
sorry,
I,
guess
the
answer,
your
question,
no
I!
Don't
I,
don't
think
if
we
exceed
the
federal
minimum,
but
just
happened
to
be
eight
inches
short
of
our
higher
standard.
That
that's
going
to
be
any
kind
of
problem.
A
D
H
N
Name
is
Jerry
Turner
and
I'm
with
the
consulting
engineering
firm
of
CF
burden,
r.j.
bull
out
of
Columbus
Ohio
I'm
here
as
the
applicant
for
the
Kroger
company
with
me
tonight,
is
also
matt
hobart
with
the
Kroger
company,
who
is
with
the
facilities
engineering
department.
I
think
mister
person
pretty
much
has
has
said
what
needs
to
be
said,
we're
here,
requesting
a
variance
based
upon
the
fact
that
we
presently
had
a
variance
for
the
existing
conditions.
N
Unfortunately,
the
original
building
was
built
at
an
elevation
below
that
needed
that
tear
said
and
done.
We
can't
do
too
much
about
that.
The
bottom
line
is
if
we
don't
have
get
this
variance,
we're
going
to
have
difference
in
floor
elevations,
which
could
affect
the
accessibility
to
handicapped
people
as
well
as
logistics
in
the
building
itself,
with
the
aisles
etc,
not
saying
it
couldn't
be
done,
but
it
would
just
be
a
hardship
on
the
Kroger
company
to
have
different
floor
elevations.
H
N
Know
if
Athens
is
involved
with
this,
but
a
lot
of
communities
in
the
state
of
Ohio
are
revisiting
their
floodplain
elevations
and
new
mapping
is
occurring
throughout
the
state.
I've
been
involved
in
other
areas
where
the
floodplain
has
dropped.
Since
the
initial
incorporation
of
the
FEMA
maps,
then
some
years
ago,
I
don't
know
if
Athens
is
involved
with
that.
N
But
if
the
floodplain
could
even
change,
I
will
say
engineering
lis
that
I
do
not
think
it
is
my
opinion
that
this
addition
will
not
raise
the
hundred-year
flood
plain
and
that
an
actual
detailed
hydraulic
study
would
have
to
be
done
to
determine
that
quite
expensive.
You'd
have
to
take
in
the
whole
tributary
area
upstream
and
downstream,
of
our
development
survey
that
area
and
determine
whether
or
not
this
development
would
change
the
floodplain
by
a
tenth
of
an
inch
I
do
not
believe
that
would
occur.
Being
an
engineer
haven't
been
in
the
business
three.
B
A
A
A
A
N
F
D
I
think
this
is
just
information
for
the
community.
More
than
anything
federal
government
allocated
1
billion
dollars
for
Matt
modernization
of
the
whole
United
States.
Quite
a
few.
Several
years
ago,
Ohio
was
in
the
process
now
of
revisiting
every
flood
map
in
the
state
that
map
modernization
project
we
were
city
of
Athens
was
scheduled
to
be
on
the
list
for
this
year,
I
just
received
from
Odie
on
our
floodplain
management,
a
letter
that
says
other
communities
are
in
more
dire
need
of
mapping
sooner.
D
We
haven't
flooded
nearly
to
the
extent
of
a
lot
of
other
communities
have
so
we've
been
set
back
a
year
until
lo,
seven,
so
city
of
Athens
is
going
to
be.
The
maps
are
going
to
be
modernized.
New
studies
could
be
done
to
an
extent
that
that
FEMA
dozen,
which
is
really
not
may
not
be
have
as
much
scrutiny
as
it
might
be
done
locally.
D
For
example,
the
Ohio
University
a
couple
years
ago
commissioned
the
Army
Corps
of
Engineers
to
study
the
hot
six
and
a
half
or
six
point
six
river
miles
of
the
Hocking
River
through
the
city
of
Athens.
The
Corps
returned
a
report
which
they
gave
to
the
Ohio
University
and
presented
to
the
atha
City
Planning
Commission.
That
actually
indicated,
as
mr.
Turner
had
said,
that
the
flood
hazard
area
had
actually
become
less
an
area
rather
than
greater.
The
I
University
study
was
based
on
35
years
worth
of
additional
data,
since
the
maps
were
originally
generated.
D
1979-1980
did
not
include,
however,
calculations
fulfilled
had
been
placed
in
the
flood
hazard
area
throughout
the
city
so
that,
as
we
go
through
map
modernization
and
possibly
through
Community
Rating
service,
those
things
will
come
to
play.
It
costs
about
$10,000
per
River
mile
to
do
this
kind
of
engineering
work,
so
the
city
could
just
let
FEMA
do
it
whatever
extent
they
wanted
to.
D
They
could
use
the
corps
of
engineers
study
if
they
wanted
to
as
better
available
data
than
what
the
current
studies
based
on
or
if
we
wanted
to
study
the
river
from
end
to
end
six
point.
Six
river
miles
would
cost
sixty
six
thousand
dollars.
There's
a
great
interest
at
city
council
right
now
about
doing
this
kind
of
thing.
They
know
the
map
modernization,
the
higher
standards,
those
kinds
of
things
in
an
elevated
interest
in
the
local
residents
and
citizenry
about
development
in
the
flood
hazard
area.
D
A
D
F
A
C
G
Out
the
minutes
were
subsequent
such
a
date.
I
tried
to
find
it
January,
9th
2001
and
there's
one
sense
in
there
that
caught
my
eye.
Some
page,
mrs.
Frederic,
asked
if
this
would
put
the
community
Flood
Insurance
Program
at
risk.
The
zoning
inspector
mr.
Pearson
said
that
he
asked
you
oh
hi
division
of
water
about
this
and
has
not
received
an
answer
as
yet.
Did
you
ever
get
an
answer?
Yes,
and-
and
the
answer
was.
D
G
D
F
D
G
G
No
well
I
did
the
following:
I
went
out
there
and
I
walked
in
the
hot
Sun.
With
my
coat
on
look
where
this
was
gonna
be,
and
you
might
be
interested
that
I
paced
myself
by
four
feet.
I
got
twenty
thousand
twenty
one
thousand
two
hundred
square
feet
and
you
have
twenty
thousand
eight
hundred
so
see
how
close
I
am
now.
G
G
It
was
that
hot
I'm
in
favor
of
this
and
the
only
thing
I
was
concerned
about,
has
been
answered
by
Steve
and
by
your
questions
from
the
chair,
and
that
is
when
you
do
something,
and
the
federal
government
FEMA
for
OSHA
comes
around
and
says:
well,
you
might
have
done
it,
but
you
weren't
authorized
to
do
this.
I
think
we're
authorized
to
do
this.
I
think
it
makes
sense
I'm
in
favor
of
it
and
you're
asking
for
a
difference
of
one
foot.
G
I
H
A
A
I
D
H
A
B
A
Don't
think
so,
and
even
though
we're
closing
the
discussion
from
the
floor
at
this
point,
if
we
get
confused
and
need
to
talk
to
you
we'll
be
talking
good.
Thank
you
all
right.
Then.
The
discussion
from
the
floor
is
now
closed
and
we're
ready
to
either
discuss
further
here
or
take
a
motion
and
discuss
it
as
we
make
the
glueten
findings,
which
way
anybody
wanna
make
a
motion.
I
move.
I
That
we
grant
a
variance
to
the
property
located
at
9:19
East
8th
Street
case
number,
Oh
6
19
V
zone
M,
the
Kroger
company,
being
the
appellant
appellant
is
requesting
a
variance
from
section
25
point
o
3.0
to
be
to
permit
a
to
permit
substantial
improvement
to
an
existing
commercial
structure
with
a
lowest
floor.
Elevation
of
638
point
13
feet
msl,
where
six
hundred
and
thirty
eight
point
nine
feet.
Msl
is
the
required
minimum.
B
B
F
F
A
B
A
F
B
L
I
O
N
A
D
Things
are
under
the
under
the
review
and
the
jurisdiction
of
the
tree.
Commission,
the
kroger
site,
landscaping
plan
and
parking
plan
has
already
been
presented
to
the
tree
Commission
the
engineer
presented
information
where,
even
though
they
were
losing
quite
a
few
parking
spaces,
they
had
to
add
a
few
onto
the
back
of
the
building
to
meet
the
two
hundred
to
seventy
seven
parking
spaces
that
were
required.
A
D
So
what
the
tree
Commission
did
then
and
I've
faxed
a
copy
that
letter
to
mr.
Turner
I
actually
have
the
original
I
still
gotta.
Send
you
I
meant
to
bring
it
tonight
to
give
it
to
you.
But
when
the
tree
Commission
reviewed
the
plan,
they
sent
a
letter
back
to
Kruger,
slash,
burden
ball
and
said
you
have
existing
landscape
areas
in
plantings.
Some
are
in
distress,
some
are
dead.
Some
could
be
a
little
better
type.
Also,
you
have
city
right
away
in
front
of
Kroger's
and
the
Ohio
University
who's.
D
The
prime
lease
holder
on
the
property
has
a
strip
of
grass
area
between
the
pavement,
where
the
trucks
make
deliveries
in
the
rear
and
the
bike
path.
So
the
tree
Commission
has
made
recommendation
that
those
existing
areas
be
improved,
updated
replanted,
the
right-of-way
in
front
of
the
store
be
incorporated
into
tree
plantings
and
also
the
trees
we
planted
in
the
building
areas.
D
It's
about
the
lowest
point
in
the
area,
because
all
the
other
buildings
around
there
meet
the
regulations
so
they're
all
just
a
little
bit
higher
and
that's
the
lowest
spot.
It
seems
to
catch
all
the
bags
from
all
the
businesses
we're
down
there.
Good
officers
down
there
quite
often
asking
them
to
clean
it
up.
It
just
seems
to
be
a
place
that
catches
it.
D
So
just
so,
you
know,
there's
not
been
a
it's,
not
that
the
Kroger
is
trying
to
get
around
the
regulations
they
wanted
to
meet
the
minimum
parking
requirements
and
tree
Commission's
made
some
recommendations
which
I
understand
the
Kroger
company
is
more
than
willing
to
consider
and
adhere
by.
So
there's
going
to
be
some
new
plantings
and
existing
planting
areas,
possibly
new
planting
in
the
front,
the
new
planting
in
the
rear.
So
even
though
they
didn't
have
to
to
do
anything,
they're
gonna
follow
the
recommendation
of
the
tree.
I
A
I
A
D
D
Board
of
Zoning
Appeals
meetings
and
tree
Commission
meetings,
the
issue
of
all
tell
cell
phone
tower
on
East
State,
Street
adjacent
to
route
33
has
been
brought
up.
One
was
the
fact
that
the
flag
seemed
very
small
compared
to
what
mr.
pitcher
the
engineer
had
presented
the
night
he
was
granted.
The
conditional
use
permit,
and
the
tree
Commission
also
mentioned
to
me
that
the
plantings
weren't,
correct
I
wrote
that
letter
to
mr.
pitcher.
D
D
I
mentioned
to
him
too,
that
the
tree
Commission
had
required.
14
blue
spruce
at
least
six
feet.
In
height
that
time
of
planting
he
contacted
the
landscape
contractor
that
they
were
working
with.
Excuse
me,
a
contractor
I'm,
admittedly
planted
only
11
trees,
and
he
said
he
couldn't
find
any
six
voters,
so
he
planted
two
footers
I
told
mr.
pitcher
that
wasn't
gonna
work
because
it
might
jeopardize
their
conditional
use
permit,
find.
I
D
The
plans
they
presented
incorporated
a
recommendation
of
the
tree
Commission
because
you
put
the
board,
put
it
off
for
a
month
to
get
a
recommendation
from
the
tree
Commission
about
what
the
landscaping
should
look
like
tree.
Commission
came
back
with
14
blue
spruce
at
least
6
feet
in
height
that
planting
they
planted
11
at
2
feet.
Mr.
pitcher
said
he
was
going
to
get
back
to
the
contractor
and
the
contractor
was
going
to
come
back
to
town
and
plant
the
trees
that
he
was
contracted
to
plant.
So
the
flag
part
was
easy.
A
D
A
A
D
The
mayor
has
also
announced
that
at
press
conferences,
weekly
press
conferences
and
as
of
today's
date,
no
one
is
responding.
Oh
God,
so
we
haven't
had
one
response.
We
do
have
one
person
who's
expressed
interest,
but
not
turned
in
a
resume
yet
so
I'll
be
talking
to
him
again
soon,
there's
just
seems
to
be
no
I
think
we
got
message
out
pretty
good
people
watch
these
meetings
that
seem
interested.
The
mayor's
announced
at
a
press
conference.
A
I
A
Too
is
if.