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From YouTube: Board of Zoning Appeals Meeting 11-14-06
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C
C
40
C
board
consists
of
five
members
in
one
alternate.
Actually,
we
have
two
alternates
only
ones
here
this
evening.
The
alternate
takes
full
part
in
discussions
of
the
board
and
becomes
a
voting
member
in
the
absence
or
conflict
of
interest
of
an
irregular
member
present.
This
evening,
members
betty
hallo
Roger
Cruiser
Greg
Lovell.
C
F
C
All
right,
this
meeting
is
proceeding
and
we're
all
here
and
I'm.
Your
Oh
Frederick
of
the
confused
chair
also
present
this
evening.
Our
Zoning
Administrator
Steve
Pearson
Paul
Assenmacher,
our
acting
secretary
and
Michael
Miller
from
the
city
law
director's
office.
The
board
operates
according
to
the
following
procedure.
The
chair
will
name
and
describe
the
case.
The
Zoning
Administrator
will
cite
their
specifics
of
the
refusal.
The
appellant
or
a
representative
then
will
state
the
case
for
granting
the
appeal
testimony
next
will
be
taken
from
those
who
support
granting
of
the
appeal.
C
Then
those
who
wish
to
speak
in
general
comment
and
those
who
support
denial
of
the
appeal
following
all
testimonies
the
board
will
receive
concluding
remarks
from
the
appellant
discussion
from
the
floor
then
will
be
closed.
The
board
will
deliberate
and
render
a
decision
under
athens
city
code
section
23.
C
The
board
has
the
power
to
grant
such
variances
from
the
code
as
chef
will
not
be
contrary
to
the
public
interest,
so
that
the
spirit
of
the
coach
shall
be
observed.
Public
safety
and
welfare
secured
and
substantial
justice
done.
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.
In
fact,
based
directly
on
the
evidence
provided
to
it
that
each
and
every
one
of
the
following
six
criteria
are
met,
practical
difficulty
or
undue
hardship.
C
There
must
exist
a
practical
difficulty
or
undue
hardship
caused
by
exceptional
circumstances
pertaining
to
the
specific
piece
of
property,
exceptional
circumstances.
There
must
exist,
exceptional
circumstances
or
conditions
applying
to
the
property
or
its
intended
use
that
do
not
in
general,
apply
to
properties.
In
the
same
zoning
district,
then
preservation
of
equal
property
rights.
It
must
be
determined
that
literal
interpretation
of
the
code
would
deprive
the
appellative
rights
commonly
enjoyed
by
others
in
the
same
assembly,
while
granting
the
variance
would
not
convey
a
special
privilege,
then
the
fourth
was
minimum
variance.
C
It
must
be
determined
the
variances,
the
minimum
required
to
make
reasonable
use
of
the
property
and
absence
of
detriment.
It
must
be
determined
that
the
granting
of
the
variance
will
not
be
of
substantial
detriment
to
adjacent
properties,
Norma
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
general
or
recurring
nature
such
that
the
situation
would
more
reasonably
be
handled
by
changing
the
law.
We
doing
any
thing
other
than
variances
tonight.
C
No
any
person
who's
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
are
4
cases
on
the
agenda
number
of
Oh
6
to
or
v45
for
7e
State
Street,
which
is
only
three
panitch
and
ol.
C
Architects
are
the
appellant
number
0
6
2
54
102
West
Union
Street,
which
is
own
b1
Abdi
Sheikh
is
the
appellant,
would
shake
number
0,
6
8
V
461
Columbia
Avenue
zoned
r1
Christine
Elland
is
the
appellant
and
near
number
0
6
9
v
4
38
North
Court
Street,
which
is
Zone
B
D
secure
parking
as
the
appellant.
The
board
is
required
by
law
to
take
testimony
under
oath.
Anyone
wishing
to
speak,
please
stand
to
be
sworn.
G
My
name
is
steve
pearson,
amazonian
minister,
here
for
the
city.
When
I
contacted
when
I
was
getting
ready
to
set
attended,
I
contacted
Mike
Noll.
He
has
to
have
his
case
continued
from
two
meetings
ago
and
I
asked
him.
Did
he
want
to
be
on
this
agenda
and
he
said
he
was
still
considering
the
option
of
possibly
just
having
Appleby's
build
their
own
sign
and
the
holiday
and
build
their
own
rather
than
have.
This
combination
sign,
but
you
know
a
final
determination
and
not
yet
been
made.
So.
C
C
C
G
G
G
When
I
came
to
work,
it's
been
a
long
time.
12
years
ago
now
there
was
a
Chinese
restaurant
in
this
facility.
They
ceased
to
operate
and
Union
Street
Cafe
started
their
business
in
this
property.
At
the
time
the
parking
requirements
had
an
exception
for
smaller
businesses,
parking
wasn't
required,
but
the
parking
regulations
were
changed
recently
and
so
no
business,
whatever
the
size,
has
an
exception
from
providing
any
parking.
So
that's
why
industry
Cafe
could
go
in
with
no
parking.
The
law
changed
and
now
parking
has
to
be
provided
well.
A
G
G
C
G
Any
kind
of
nonconformity
is
grandfathered
for
up
to
a
year
once
that
one-year
period
goes
by,
all
grandfather,
he's
lost
and
the
property
sat
empty
for
two
or
three
years.
Maybe
four
Yuna
Street
Cafe
just
moved
up
the
street
and
into
the
old
gold
star
chili
facility
just
up
the
street,
where
there
is
parking.
G
Couple
of
years
ago
there
was
somebody
in
there
doing
some
work
code
officer
assigned
a
code
officer
to
go
down
and
and
talk
to
them
about
it
and
explain
to
them
that
they
couldn't
start
a
business
there
without
parking.
That
was
a
couple
years
ago
or
without
a
variance
I,
don't
know
they
just
disappeared.
Yeah.
G
C
C
H
H
We
were
looking
at
this
place
for
a
close
to
a
couple
months
now
and
the
we
want
to
open
a
coffee
shop.
We
looked
around
I
mean
when
we
got
to
this
place.
We
talked
to
people
in
the
city
and
obviously
there's
no
there's
no
way
of
providing
a
parking
if
we
could-
and
there
is
no
line-
that's
closed
that
area
and
then
we
could
talk
to.
We
can
build
a
parking.
So
we
looked
at
the
off
street
parking
and
we're
also
trying
to
talk
to
the
people.
That's
the
the
the
mall.
H
Yet
we
just
want
to
see
how
things
go
here
and
then
we
would
be,
but
I
mean
with
this
business.
I
talked
to
our
landlord.
There's,
nothing
I,
don't
have
to
do,
go
ahead
and
demolish
the
building,
because,
with
the
the
parking
there's
no
way
of
you
know
coming
out
with
extra,
because
there's
no
space.
C
H
H
C
Well,
if
you'd
like
to
have
a
seat,
then
we
don't
have
any
further
questions
at
this
time.
You'll
have
an
opportunity
to
say
if
anybody's
you'll
have
another
opportunity
to
speak,
if
you
think
something
is
there,
anyone
present
who
will
speak
in
support
of
this
various
requests
or
in
general
comment
about
it
or
against
it?
Would
you
like
to
come
to
the
podium.
E
E
As
I
stated,
we
own
the
property
next
to
it
and
have
owned
this
property
for
a
number
of
years.
We
do
take
issue
with
the
parking.
What
I
have
shown
on
this
drawing
here
is,
in
fact,
what
you
can
see
in.
What's
labeled
as
C
is
for
cars,
plus
a
van
as
just
an
example
of
what
parking
could
be
over
the
years.
E
We
took
two
buildings,
as
you
can
see
on
that
page,
there
there's
an
E
and
an
F
and
our
parking
in
the
building
there.
We
took
one
building
down
that
was
located
where
the
e
is
located
with,
where
our
parking
is
and
spent
almost
80,000
dollars
for
parking,
retaining
walls,
concrete
drainage,
sewer,
the
whole
thing,
and
so,
when
we
looked
at
the
building
those
two
buildings,
actually
they
were
there.
We
spent
a
considerable
amount
of
time.
E
It
seems
a
little
unreasonable
that
someone
else
could
come
in
and
say:
well,
we
don't
want
to
do
parking
and
we
like
the
benefit
of
not
having
to
spend
any
amount
of
money,
doing
parking,
so
we're
not
only
being
penalized
because
of
our
financial
investment,
but
also
because
our
parking
is
being
used
by
their
delivery,
trucks
and
they're,
sometimes
their
clientele.
They
turn
around
in
that
area
too.
So
I've
shown
here
just
roughly
as
best
I
could
off
the
plats,
the
size,
location
and
kind
of
label
everything
in
place.
E
My
issues
are
with
the
loading
and
delivery.
Their
trash
and
sanitation's
always
been
a
problem.
They
continued
to
leave
grease
barrels
right
next
to
our
property.
They
have
no
employee
parking.
In
some
cases
they
would
use
our
parking
seldom,
but
in
some
cases
they're
going
to
have
to
meet
state
codes
in
any
respect,
so
they're
going
to
need
to
put
in
a
grease,
intercept,
probably
outside
and
they're
gonna
have
to
bring
the
whole
building
up
to
code.
E
So,
if
they're
not
financially
able
to
make
this
building
work
now
they're
in
for
some
serious
financial
problems,
because
this
is
going
to
require
a
lot
of
upgrade
okay.
So
that's
that's
my
position
on
it.
So
I
guess
in
conclusion,
I'd
say
I'm
against
it.
They
have
options
and
I'd
rather
not
see
it
going
the
way
they're
proposing.
C
E
A
curb
between
C
and
E
right
now
and
see,
remind
remember:
C
is
just
a
patio
area
right
now
and
there's
actually
a
little
driveway
right
where
that
ban
is
an
offense
that
they
moved
over
kind
of
between
the
van
and
the
four
cars.
So
there's
they
kind
of
shifted
that
fence
over
which
was
really
separating
the
two
properties.
But
now
it's
not,
and
what
happens
is
is
that
they
put
their
the
old
restaurant
I'm,
not
sure
with
the
new
or
new
tenants
going
to
do,
but
the
old
restaurant
used
after
some
staff
parking.
E
E
A
tapered
curb
the
curb,
comes
along
in
front
of
the
bike
shop
and
in
front
of
the
original
restaurant
and
then
tapers
off
I'm,
just
suggesting
that,
because
I
mean
it's
there,
but
at
some
point
that
must
have
been
used
as
parking,
because
someone
went
over
that
curb
to
get
to
that
area
and
that's
been
a
long
time
ago.
But
it's
but
it's
available.
E
C
H
H
C
H
C
Something
that
we
that
we
need
to
decide
about.
However,
it
seems
that
it
is
possible
to
provide
parking
in
on
your
property.
It
would
seem
so
anyway,
from
testimony
we
just
turned.
Had
you
can't
you've,
given
some
thought
to
using
that
area
for
parking,
I.
C
D
D
G
For
establishing
new
parking,
you
have
to
have
stalls
least
180
square
feet
in
area
at
least
nine
feet
with
minimum,
and
the
code
says
there
has
to
be
adequate
provision
for
ingress
and
egress,
as
determined
by
the
Zoning
Administrator
I
just
used
a
standard
engineering
book
to
calculate.
If
you
can
actually
turn
in
and
out
of
the
spaces,
you
can
get
I've
approved
parking
off
of
10-foot
alleys
before
it's
pretty
hard
to
turn
off
10-foot
alley,
perpendicular
into
a
parking
spot,
but
it's
not
impossible.
G
J
G
Landscape
ordinance
requires
around
parking
areas
less
than
25
cars
in
less
than
7,000
square
feet
in
area
a
four-foot
buffer
along
the
front
property.
Excuse
me
an
8-foot
buffer
along
the
front
property
line,
so
you
have
to
take
8
feet
off
right
away
off
the
property
to
plant
trees
in
there's
no
requirement
to
plant
a
tree
between
the
parking
and
the
building
and
then
for
smaller
parking
areas
need
a
4-foot
buffer
between
you
and
the
adjacent
property
owner
and
forth,
be
4
feet
at
the
rear.
C
F
G
C
G
Originally,
when
the
landscape
ordinance
was
passed,
it
required
that
the
Board
of
Zoning
Appeals
grant
variances
at
the
first
revision
of
landscape
ordinance
council
revise
that
to
say
that
the
tree
Commission
can
grant
consolidations
and
any
review
or
appeal
to
the
Board
of
Zoning
Appeals
was
eliminated
from
the
ordinance,
so
they
can
grant
consolidations.
The
ordinance
doesn't
specifically
say
that
they
approve
or
refuse.
It
says
that
they
can
review
and
approve
consolidations
of
planting
a.
G
What
they
do
is
they
count
up.
The
amount
of
green
space
would
be
required
in
the
number
of
trees,
and
they
just
have
them
placed.
Excuse
me
somewhere
other
than
where
the
strict
regulations
apply.
For
example,
I
want
to
say:
I
just
saw
something
for
the
tree:
Commission,
the
4.5
acres,
where
CBS
Applebee's
and
the
new
hotel,
and
all
that
out
there,
the
landscape
ordinance
requires
I
believe
is
169
trees
to
be
planted
here.
C
B
F
F
D
F
C
F
D
D
To
actually
be
sure
the
dimensions
of
this
space
and
what
might
be
possible
in
it
and
and
then
try
to
figure
out
what
could
you
possibly
do?
That
would
satisfy
the
tree
Commission
and
that
might
make
it
possible
for
us
to
say
yes,
we
might
give
you
a
variance
for
something
here,
but
for
you
to
come
and
say
well,
we
just
can't
talk
when
there's
testimony
that
you
could
do
something,
then
we're
not
sure
what
to
do
in
that
circumstance.
Okay,.
H
C
B
B
E
It
or
not,
I
would
encourage
this
restaurant
or
coffee
shop.
I
really
do
and
it'd
be
nice
for
the
neighborhood,
but
I'd
still
see
the
parking
issue
and
I
know
that
we
we
run
into
this
parking
issue
virtually
every
month
where
people
are
being
denied.
Do
you,
you
know
the
use
of
a
building
because
they
don't
have
parking,
that's
a
whole
other
issue.
There
is
a
place
and
a
way
to
put
parking
here.
E
In
fact,
it
might
even
suggest
that
out
front
there's
one
spot
where
it
says:
31,
there's
a
parking
spot
right
there,
where
the
D
is,
and
that
could
be
a
loading
zone.
Also,
so
you
could.
You
could
pick
up.
I
mean
after
the
loading
zone
time.
That's
just
street
parking,
but
they
would
also
be
able
to
put
you
know
more
cars
in
there
and
handle
that
as
far
as
the
the
trees
are
concerned,
half
of
the
lot
is
trees.
It
goes
right
up
the
hill
there's
there's
50
trees
on
this
lot
already.
E
C
E
C
C
I
A
very
brief,
it's
just
interesting
to
me,
because
I
eat
at
the
Union
Street
diner
about
twice
a
week
for
lunch,
which
is
just
up
the
street
from
where
this
facility
is
going
to
go
in
and
I
understand,
Bill's
a
concern,
without
doubt
in
terms
of
deliveries
and
having
something
close
by,
but
I'm
serious,
that
in
the
last
six
months,
I
park
on
the
street
to
eat
at
the
enemy.
There's
always
usually
parking
available.
C
K
A
K
Show
me
a
good
plan
where
there's
some
conjecture.
How
many
can
do
this?
You
can
do
that
working
with
Steve
and
your
neighbor
and
they
also
start
a
good
working
relationship
as
well.
So
if
I
may
suggest
strongly
suggest
that
you
pull
this
application
come
back
next
month
with
a
good
plan,
how
many
parking
spaces,
what
you
can
do,
what
you
can't
do
and
present
it
back
to
the
board
if
we
vote
on
it
tonight.
That's
final.
F
C
C
G
C
G
C
C
G
F
D
C
We
have
next
case
number
zero,
six
to
eight
V
461
Columbia
Avenue
at
Christina
LM.
Would
you
like
to
come
in
state?
Oh
well,
I!
That's
right!
Please
come
and
state
your
case.
I
think
we
have
will
deal
with
normally
I
have
Steve
to
say
why
he
told
you
you
couldn't
have
it
first,
but
don't
do
it.
This
will
all
come
out
so
go.
L
Isn't
that
how
I
think
that's
how
it
says
you
have
to
enter
through
the
residents
to
use
a
space
for
the
home
occupation,
and
so
the
code
would
have
us
correct
me
if
I'm
wrong.
The
code
would
have
us
then
connect
the
house
45
feet
to
the
garage,
so
that
people
would
come
in
the
front
door
to
go
to
the
studio
and
it
would
be
considered
one
building.
Okay,
so
I
think.
L
C
L
L
If
we
connect
the
house
to
the
garage,
lose
our
view
of
the
hacking,
River
Valley
and
all
the
mountains
and
all
the
trees
that
we
originally
the
property
to
enjoy,
and
we
don't
think
that
it
really
serves
the
public
in
any
way
because
they
were
gonna,
have
the
view
cut
to
on
the
street.
They're
gonna
look
up,
and
instead
of
seeing
blue
sky
and
trees,
and
this
kind
of
a
natural
escape.
There's
gonna
be
a
long
blue
tunnel
across
from
the
house
to
the
garage.
L
L
L
B
L
Garage
and
the
space
at
the
bottom,
so
I
have
plenty
of
parking
actually,
but
our
experience
so
far
is
then
that
people
have
been
carpooling.
Two
to
three
people
have
come
in
one
vehicle
and
we've
lived
there
for
12
years.
We've
never
had
any
problem
with
anybody
backing
out
of
our
driveway
or
turning
around.
B
C
L
B
B
L
B
C
A
L
E
D
D
L
D
C
K
G
D
D
G
G
A
home
occupation
where
he
basically
just
used
a
computer
and
sent
information
about
enhanced
agricultural
production
to
third
world
countries
overseas
right
and
given
that
and
essentially
more
the
proliferation
of
home
occupations,
basically
using
computers
and
just
have
a
small
office
in
your
house
when
the
zoning
code
was
revised
recently,
it
included
home
occupations
that
had
been
limited
to
sewing
things
and
cooking
things
before
any
professional
offices
were
always
permitted
in
your
principal
residence.
Dr.
Dennis,
we
had
a.
We
had
a
court
case
about
what
is
a
professional
office.
G
Judge
Goldsberry
determined
that
I
believe
was
judge,
Wells
very
determined
that
a
real
estate
office
was
not
a
professional
office.
In
that
particular
case.
That
was
when,
at
this
rental
management
had
a
real
estate
office
at
121,
East,
State
Street.
G
That
happened
right
when
I
first
came
to
work
for
the
city,
so
the
code
was
recently
revised
to
allow
you
to
have
some
kind
of
occupation
in
your
own
home.
You
could
use
fifty
percent
of
the
area
I'm
trying
to
explain
the
rash
down.
Okay,
yet
also
before
you
weren't
allowed
to
have
anybody,
help
you,
with
your
home
occupation,
Planning,
Commission
and
council,
considered
having
up
to
two
people,
help
you,
but
they
finally
scaled,
that
back
to
one
there
wasn't
any
language
about
parking
or
about
signage
that
was
included.
D
G
D
G
401
b7
says
other
customary
accessory
uses
are
permitted
and
buildings,
provided
that
the
uses
are
incidental
to
the
principle,
use
which
would
be
residential
and
do
not
include
any
activity
commonly
conducted
as
business.
So
there's
a
prohibition
about
conducting
business
in
an
accessory
structure,
but.
D
C
D
B
G
G
C
G
Right,
the
garage
was
recently
added
to
remodeled
and
there
was
a
large
area
that
was
permitted.
The
elands
asked
for
permit
when
they
remodeled
their
garage
when
they
realized
that
they
couldn't
have
an
accessory
where's.
Give
me
a
business
use
in
the
accessory
structure.
They
came
to
my
office
and
did
obtain
an
accessory
use.
Permit
it's
not
a
conditional
that
terms
conditional.
They.
G
D
C
G
F
G
Be
converted
when
the
dance
studio
had
to
leave
over
on
factory
Street
and
the
Board
determined
at
that
time,
because
the
the
appellant
made
presentation
that
the
activities
they're
qualified
for
physical
education
requirements
for
homeschooled
children.
Therefore
it
was
a
school
and
the
case
it
didn't
need
a
variance.
They
could
just
move
in
there
because.
G
G
B
C
G
G
D
G
D
C
C
C
Exemption
from
the
requirement
to
attach
their
homes
to
their
garage
in
order
to
use
the
exercise
room
above
the
new
garage
for
yoga
classes,
which
are
part
of
her
home
application.
We
live
in
the
ANM
n,
a
neighbourhood
and
travel
Columbia
Avenue
with
regularity,
so
these
neighbors
are
supporting
it
it
with
reference
to
it
being
an
intrusive
activity.
It
seems
like
the
neighbors,
don't
feel
that
it
is
that's
in
support.
Is
there
anyone
here
who
would
like
to
speak
against,
granting
the
very
there's?
No.
C
D
F
D
C
D
C
D
B
C
All
right:
how
about
property
rights
would
literal
interpretation
of
the
code
deprive
the
appellant
of
Rights
commonly
enjoyed
by
others?
Are
the
same?
That's
why
they
I.
A
D
C
Other
people
would
be
able
if
they
had
a
property,
that
they
would,
they
would
think
they
could
have
their
home
attached
to
their
garage
and
they
would
be
able
to
have
I
know,
but
there's
isness
in
there
it
wouldn't
it
wouldn't
the
reason
that
they
don't
have
the
right
to
do.
It
is
because
their
property
doesn't
permit
them
to
have
a
house
with
the
garage
attached.
C
C
C
Any
other
comment:
okay,
since
the
detriment
would
granting
this
variance,
be
of
substantial
detriment
to
adjacent
properties.
Would
it
materially
impair
the
purposes
of
the
code?
No
okay
and
the
variance
is
this
of
a
general
or
recurring
nature.
Such
the
situation,
when
more
recently
be
handled
by
changing
the
law.
Well,.
D
C
D
D
C
G
G
It's
a
vacant
space,
that's
been
vacant,
the
whole
time
I've
worked
for
the
city,
I've
been
up
there
a
couple
times.
We
City
uses
an
observation
point
for
time
change
weekend:
Halloween
things
like
that.
The
owner
lets
us
use
the
upstairs,
but
it's
in
great
disrepair
and
there's
hasn't
had
any
kind
of
activity,
residential
or
commercial
in
it
for
like
decades.
G
What
secured
parking
LLC
wants
to
do
is
to
lease
that
space
I
don't
know
if
you've
walked
up
and
down
court.
Street
there's
been
a
sign
in
the
front
window
that
the
property
is
for
lease
not
for
sale
and
I
believe
that
mr.
Phillips
is
here
tonight
representing
secured
parking
might
be
able
to
address
that.
But
as
far
as
I
know,
the
property
is
not
for
sale,
but
to
lease
it
you'd
only
be
able
to
lease
it
for
commercial
purposes.
G
G
G
G
G
G
The
code
would
allow
deed,
restricted
parking
if
secure
parking
owned,
the
property
they
could
just
flat
straight
up
deed,
restrict
parking
and
wouldn't
have
to
come
to
the
board,
but
there's
not
the
problem
now
is,
though,
that
they
don't
own
both
properties,
they
own
one,
but
not
the
other
and
I.
Think
also
in
that
that's
why
they're
asking
to
have
leased
parking
instead
of
deed,
restricted
parking
if
Parkins
deed,
restricted,
unsecured
lot,
it
will
go
with
the
Wilson
property
forever.
It'll
never
be
released.
G
G
After
tonight,
in
the
last
five
years,
we've
heard
fifty-three
parking
cases
in
the
last
five
years.
So
just
about
every
about
half
the
things
we
look
at
have
to
do
with
parking.
So
this
one's
a
little
different
know
of
a
situation.
We've
had
people
who
own
property
and
one
Deleasa
or
owned
it,
and
own
property
next
door,
but
one
to
lease
instead
of
deed,
restrict
we've,
never
had
a
case
where
there
was
leased
parking
for
leased
property.
G
I'm
an
example,
though,
of
a
similar
use
in
the
Uptown
area.
There's
a
group
of
investors
that
bought
the
Taco
Bell
building
and
Botto
hooli's
that
had
to
come
to
the
board
because
their
parking
was
down
at
Snider
and
Fuller's
office.
It
was
greater
than
250
feet
away,
but
they
owned
those
Proctor's.
They
bought
Taco
Bell.
They
bought
a
booths
and
just
needed
to
distance
variance
for
the
parking
this
one's,
not
this
one's
different.
I
I
Just
a
couple
pictures
here,
I
want
you
to
have
to
look
at
of
the
property.
One
of
the
goals
that
the
least
source
of
the
property
have
is
actually
to
follow
the
guidelines
for
the
historic
renovation
of
buildings
and
hopefully
get
a
tax
credit
in
the
process
of
the
alterations
that
they
want
to
make.
On
the
second
floor,.
E
I
Preliminary
review
of
the
possibilities
and
what
can't
happen
up
there,
it's
a
goose
and
it's
likely
that
would
be
8
to
10
bedrooms
that
would
be
created
in
this
second
floor
area
of
the
building,
and
that
would
easily
be
accommodated
in
the
80
or
so
parking
spots.
I
believe
that
are
currently
owned
by
the
secured
parking
LLC.
I
They
have
prepared
a
lease
and
I
think
that
if
granting
this
variance
would
be
obviously
part
of
the
package
for
how
this
situation
would
work
in
the
event
that
ten
years
from
now
either
party
differed
from.
If
the
secured
parking
lot
was
sold
to
other
parties,
then
these
units
could
no
longer
be
used
unless
alternate
alternate
parking
was
provided
in
another
location.
I
Likewise,
at
the
end
of
ten
years,
if
the
lease
agreement
was
not
extended
for
the
secured
parking
LLC
by
Wilson,
the
owners
of
the
building
that
those
apartments
could
not
be
utilized
and
less
alternative
parking
was
provided
somewhere
else.
I
think
that
will
be
if
this
is
considered
one
of
the
principal
or
difficult
most
difficult
wordings
that
have
to
be
arranged
for
this
situation.
I
I'm
just
going
to
go
through
some
of
the
reasons
why
we
think
that
this
should
be
allowed
and
pretty
much.
It
doesn't
relate
specifically
to
the
difficulties
of
the
ownership,
have
one
property
to
the
parking,
but
just
in
general
terms,
for
the
benefit
of
the
community.
To
allow
second
floor
residential
in
this
location.
I
The
intent
is
to
provide
one
parking
spot
for
bedroom,
which
is
required
by
code
for
residential
use
in
the
uptown
business
district.
Will
the
variance
be
injurious
to
the
area
or
detrimental
to
the
public
welfare?
You
think
that
providing
housing
on
the
second
floors
of
the
facilities
and
the
commercial
buildings
uptown
is
a
benefit
to
the
community,
especially
if
parking
can
be
made
available
for
that
housing.
I
The
residential
use
above
commercial
in
an
uptown
business
area
is
actually
a
preferred
configuration
for
the
zoning
code,
at
least
in
the
B
to
D
district
uptown.
What
particular
circumstances
or
conditions
related
to
the
land
and
or
buildings
requires
the
variance
the
building
lot
does
not
have
sufficient
parking.
Obviously,
the
building
is
the
lot.
That's
it.
I
There
could
be
no
use
of
the
second
floor
except
commercial
if
parking
is
not
secured,
it's
some
other
location,
whether
it
be
remote
or
in
this
case
adjacent
to
that
building,
the
secured
parking
LLC
will
have
a
long-term
lease
and
can
meet
the
parking
needs
for
this
property.
The
variance
will
be
granted
to
secure
parking,
LSC
LLC,
not
the
building
and
would
terminate
if
or
when
secure
parking
was
no
longer
in
control
of
either
of
the
properties.
I
I
Many
other
buildings
either
already
meet
current
parking
requirements
or
they
are
grandfathered
in
or
they
have
remote
parking
in
this
area.
For
the
residential,
there
are
not
a
whole
lot
of
opportunities.
Any
more
uptown
in
this
business
district
to
find
parking
lots
that
are
open
for
use
in
terms
of
developing
additional
second
floors
and
in
the
structures
uptown
well
denial
over
the
variance
deprive
the
appellant,
reasonable
use
of
the
land
and
or
buildings.
I
think
that
the
residential
housing
is
a
reasonable
and
common
use
for
the
upper
floors
in
the
Uptown
Business
District.
I
The
options
are
limited
in
the
uptown
district
right
now
for
commercial
development
and
the
hardship
would
be
not
being
able
to
use
what
would
be
considered
a
use
that
would
be
beneficial
to
the
Uptown
business
district
or
appropriate
for
this
location.
As
a
matter
of
fact,
that's
what
it
used
to
be
was
housing
at
one
point
in
time
long
ago.
I
Will
a
variance
be
the
minimum
that
would
allow
reasonable
use
of
the
land
and
or
building
the
granting
of
the
variance
to
secure
parking
meets
the
spirit
intent
for
the
zone.
Cooke
secure
parking
will
meet
the
parking
needs
for
the
tenants
and
when
and
would
and
if
the
parking
requirement
could
no
longer
be
met.
This
is
what's
on
different
and
unusual,
about
I.
Think
this
particular
case
will
the
variance
impair
the
supply
of
air
light
to
add
a
Jason
structures?
No,
because
there
would
be
no
physical
changes
to
the
exterior
of
the
specific
building.
I
Will
the
variance
substantially
increase
congestion
in
public
streets,
increase
the
risk
of
fire,
endanger
public
safety
or
substantially
diminish
or
impair
adjacent
property
values?
Again,
that
would
not
add,
add
congestion
to
the
street.
We
have
more
people
uptown
living,
which
I
think
is
a
benefit
to
the
community.
The
risk
of
fire
or
endanger
the
building.
I
think
that
statistics
show
that
vacant
structures
are
more
about
fire
hazard
than
occupied
structures,
as
you
can
see
some
from
the
pictures
there.
I
Other
people
in
this
area
and
most
of
the
Uptown
buildings
have
upper
floor,
residential
as
a
non-conforming
use.
Currently,
recent
regulations
have
have
made
it
necessary
to
provide
more
remote
parking
because
any
new
parking
or
any
new
residential
use
uptown
because
of
the
way
the
code
is
written
now
all
has
to
have
one-for-one
parking,
which
makes
it
even
more
difficult
to
comply
with,
but
this
would
not
necessarily
convey
any
special
privilege
to
this
property
over
the
ability
of
any
other
to
use
it
as
they
feel
most
appropriate.
This
district
anybody
have
any
questions
you.
A
I
I
J
J
North
Congress
Street.
Thank
you.
However,
the
lease
the
owner
of
the
building,
it's
in
an
it's
in
an
LLC,
it's
a
truss
or
the
thing
they're
not
interested
in
selling
it,
and
he
was
talking
about
a
10-year
lease.
We
do
have
a
10-year
lease
provisionally
after
that
it
we
have
the
right
to
renew
it
and
it
basically
goes
on
and
on
and
on,
and
we
also
have
first
rights
to
buy
the
property.
But
when
we
put
this
together,
the
ownership
was
not
willing
to
sell.
You
are
giving
the
option
or
the
variance
to
secure
parking.
A
I
I
We
haven't
really
looked
at
the
state
codes
in
depth
at
this
point
yet
on
laying
out
the
second
floor,
because
there's
also
requirements
for
light
and
ventilation,
but
the
whole
building
would
require
a
sprinkler
system,
and
that
would
include
the
first
floor
as
well
as
the
second
floor
for
really.
Yes,.
C
D
Make
a
potion
that
can
read
emotion,
New
York
can
add
on
to
it,
as
you
will
iMovie
grant
the
variance
to
the
property
at
38,
North,
Court
Street
from
section
23,
Oh,
801,
d-2,
permit
least
offsite
parking
and
the
adjacent
lot
owned
by
secured
parking
LLC
for
a
residential
use,
we're
on
site
or
deed
restricting
parking
in
the
same
ownership.
Parking
is
required.
Ownership
is
a
quiet
with
a
condition
that
the
variance
would
terminate
if
or
when
secured
parking
was
no
longer
in
control
of
either
of
said
properties.
B
C
C
C
D
I
think
it
is
because,
as
well
just
said,
the
parking
is
adjacent
to
the
property
and
right.
The
variance
is
not
going
to
the
building
itself,
but
to
the
parking
people,
oddly
and
I,
think
it's
valid
to
say
if
if
they
can't
provide
the
parking
anymore
or
mr.
Wilson
no
longer
wants
to
lease
to
them,
then
the
variance
would
and
so
that's
me
all.
B
C
A
A
C
Are
accepted
and
then
there's
one
other
thing
last
week,
because
I
didn't
realize
how
many
people
were
going
to
speak
on
something
I
wound
up
along
the
first-ever
batch
of
people
to
speak
longer
than
they
should
have
been
so
I
didn't
feel
I
couldn't
prevent
the
rest
of
them
I'm
speaking
as
long
as
they
care
to.
So
we
have
a
lot
of
people
talking
for
a
long
time.
I
would
find
it
helpful
if
we
had
a
list.
F
C
People
who
were
going
to
speak
at
the
beginning
when
we
so
I
could
see
right.
You
know
at
the
outset
that
we
were
gonna,
have
15
people
who
wanted
to
make
a
speech,
so
I
could
say
right
from
the
outset.
We
have
15
people
who
are
wanting
to
speak
here
this
evening.
Please
limit
yourselves
and
I
figure.
You
need
a
minute.
We,
we
do
have
a
two-minute
limitation
yeah.
D
C
I
thought
my
thought
was
that
it
would
be
possible
to
just
have
a
sheet
that
state
of
the
cases
on
it
and
then
everybody
and
it
could
be
at
a
podium
or
something
at
the
entrance,
and
anybody
who
came
in
who
is
wanting
to
speak.
That
day
was
we
just
sort
of
put
his
name
underneath
the
case
that
he
was
wanting
to
speak
to
it.
C
C
D
B
B
B
G
G
D
C
G
Other
thing
I
spoke
with
mr.
Shafi
this
weekend
and
he
informs
me
that
he's
going
to
have
to
tender
his
resignation
to
the
mayor
from
the
horizonal
peels.
So
for
anybody
out
there
listening
or
any
one's
come
to
a
meeting
and
expressed
the
idea
that
they
would
be
a
very
proficient
board.
Member
I'd
recommend
that
you
contact
the
mayor
with
a
short
resume.
C
G
There
isn't
alternate
an
alternate
spot
available.
Alternates
can
participate
in
the
conversation
they
just
can't
vote.
They
fill
in
in
the
case
of
a
member
not
in
attendance
or
with
a
conflict
of
interest.
I
think
it's
good
training
with
people
Gregg,
for
example.
Mr.
LaBelle
was
an
alternate
for
a
while
and
then
just
I
think
that
experience
just
being
at
the
meetings
and
listening
and
seeing
how
everything
goes.
It's
really
a
good
yeah.