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From YouTube: Board of Zoning Appeals Meeting 06-13-06
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A
A
The
alternate
when
present
takes
part
in
discussions
of
the
board
and
becomes
a
voting
member
in
the
absence
or
conflict
of
interest
of
a
regular
member.
This
evening
present
our
members
Betty
hallo
John
goal
Z
Roger
Cruiser,
Greg
Lebel
and
myself
Muriel
Frederick.
The
chair
also
present
this
evening
is
Steve
Zoning
Administrator
Steve
Pearson
Paul
Ashton
bakker,
our
acting
secretary.
A
The
board
operates
according
to
the
following
procedure.
The
chair
will
name
and
state
the
Cates
described
the
case.
The
Zoning
Administrator
will
cite
the
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
the
granting
of
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
will
then
be
closed.
A
B
A
Athens
city
code,
section
23:
the
board
has
the
power
to
grant
such
variances
from
the
code,
as
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
of
fact,
based
directly
on
the
evidence
provided
to
it
that
each
and
every
one
of
the
following
six
criteria
are
met.
First,
practical
difficulty
or
undue
hardship.
A
There
must
exist
a
practical
difficulty
or
an
undue
hardship
caused
by
exceptional
circumstances
pertaining
to
the
specific
piece
of
property.
The
second
is
exceptional
circumstances.
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
number
3
the
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
special
privilege
and
number
4
minimum
variance.
A
It
must
be
determined
that
the
variance
is
the
minimum
required
to
make
reasonable
use
of
the
property
number
5
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
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
well.
A
Well,
the
board
also
is
empowered
to
hear
decisions
here,
decide
applications
for
conditional
use,
substituting
for
non-conforming
uses
and
so
on.
However,
none
of
that
is
going
to
be
done
today.
Any
person
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.
A
There
are
three
cases
on
the
agenda
case:
number
o
6,
o
8
v,
4
1,
0,
0,
eight
East,
8th
Street
in
Zone,
B,
3,
southeastern
Ohio
management,
company
LLC
as
the
appellant
for
case
number,
0,
6,
0,
9,
V,
4,
22
and
22,
and
a
half
Franklin
Avenue
in
zone
R,
3
Richard
Hines
is
the
appellant
and
for
case
number
0,
6,
1,
2,
V,
465,
home
street
and
zone
R
1
Linda
kefir
is
the
availa
appellant.
The
board
is
required
by
law
to
take
testimony
under
oath
anyone
wishing
to
speak.
A
A
B
C
C
C
One
of
the
problems
that
this
particular
particular
facility
has
is
it's
very
dependent
on
its
freestanding
sign,
because
wall
signs
are
limited
to
the
portion
of
a
wall
or
a
tenant
spaces
located.
So
every
tenant
on
the
back
side
of
the
mall
who
might
go
in
will
have
would
have
a
wall
sign
that
just
face
the
hillside
couldn't
be
seen
from
the
street,
so
wall
signs
would
only
be
something
that
tenants
on
the
front
side
of
the
building
could
have
as
opposed
to
the
strip
malls.
C
C
To
install
the
sign
and
I
refused
it,
however,
what
you
do
have
is
a
picture,
a
third
page
in
the
pack
of
information
that
you
have
of
a
sign
that
I
did
approve
when
the
first
things
I
discovered
in
reviewing
the
application.
Was
the
applicants
have
not
included
the
arched
portion,
three
columns
with
a
logo
on
top
of
the
existing
sign,
so
I
had
to
calculate
that
area.
C
The
Board
recently
granted
me
permission
to
use
any
geometric
form.
It
used
to
be
limited
to
triangles
rectangles
and
squares,
and
then
we
had
the
case
of
how
big
is
Wendy's
head
and
the
Burger
King
round
logo.
So,
while
back
the
board
gave
me
permission
to
use
any
geometric
form
measurement,
so
I
included
the
arched
part
in
the
top.
This
particular
sign
right
here,
totaled
up
to
94
square
feet,
so
I
did
issue
permit
for
this.
On
the
next
page,
you
can
see
the
sign
that
was
confused.
C
C
D
C
Code
before
was
changed
recently
and
that
was
sign.
Ordinance
was
changed
before
the
zoning
code
in
2003.
Sign
artist
was
changed,
I
think
in
2002.
It
actually
said
that
a
free-standing
sign
where
there
were
multiple
businesses
in
a
facility
was
limited
to
five
advertising
areas.
Only
so
it
didn't
matter.
If
you
had
15
or
20
or
50
tenants,
you
could
only
have
five
advertising
spaces
in
2002
in
the
ordinance
was
revised.
What
it
did
was
it
did
not
limit
the
portions.
C
In
other
words,
you
could
have
20,
but
it
did
still
maintain
that
100
square
feet
and
maximum
so
yeah.
It
does
make
it
harder
when
you,
when
you
bust
it
up
into
20
different
pieces
for
20
different
tenants,
but
on
the
other
hand,
how
how
could
the
owner
pick
five
tenants
and
say
you're,
the
only
five
that
can
that
can
be
on
the
board.
So
this
is
really
just
kind
of
functioning
as
an
index
board.
C
You
know
the
businesses
inside
I
mean
to
me
it's
really
not
much
in
the
way
of
advertising.
It's
more
like
information,
but
this
business
is
here:
I
mean
how
much
advertising
can
you
do
with
each
business?
Having
just
one
of
these
small
portions?
Now
there
is
the
ability
for
interchangeable
type.
On
this.
You
know
the
farmers
market
is
out
there
and
there's
different
events.
I'm
at
the
mall,
the
Caddy
that
could
be
advertised
with
changeable
type,
is.
C
E
C
Code
doesn't
say
anything
about
if
it's
a
permanent
or
a
temporary
type
of
thing,
it
says
changeable
type
is
permitted,
so
you
could
put
something
up
and
you
could.
It
could
say
whatever
tractor
supply
if
they
move
in
the
Penny's
area,
where
they
may
not
have
any
advertising
at
all
and
they
made
us
to
advertise
a
debts.
A
F
C
Because,
for
example,
if
you
didn't
limit
the
number
of
freestanding
signs,
every
business
in
a
20
facility
structure,
you
could
have
20
freestanding
signs,
I
think
a
lot
of
it
was
just.
You
know,
to
limit
it
to
one
not
two
or
three
and
to
limit
the
size,
and
then
each
property
owner
could
divvy
that
space
up.
However,
they
saw
fit
I
think
it's.
You
know
for
a
lot
of
compared
to
a
lot
of
communities.
It's
a
very
high
standard.
C
You
know
one
sign
and
the
limited
area
with
no
relationship
between
the
size
of
a
lot,
the
number
of
tenants
or
the
length
of
public
road
frontage
some
jurisdictions
have
a
little
more
sophisticated
way
of
determining
face
area.
It
has
to
do
with
the
speed
limit
on
the
street.
The
distance
the
sign
is
from
the
street,
so
in
other
words,
it's
more
a
psychological
/,
visual
kind
of
thing.
How
did
how
big
does
the
sign
appear
to
be?
Not
how
big
is
it
really?
C
If
this
sign
we're
back
by
the
mall
would
appear
to
be
very
small
now?
One
thing
that
is
very
liberal
in
Athens
is
that
freestanding
sign
is
allowed
to
be
right
up
at
the
street
right
at
the
property
line,
so
you're
getting
maximum
exposure.
If
that's
what
you
want
for
your
hundred
square
feet,
okay,.
A
A
G
G
The
property
is
large,
an
area
approximately
17
acres,
with
a
single
building
of
approximately
283
thousand
square
feet
located
on
one
property.
The
allowable
signage
is
not
proportional
to
the
size
of
the
facility,
and
the
specific
site
has
extraordinary
conditions
which
create
practical
difficulty
when
literal
enforcement,
other
regulations
is
imposed
in
terms
of
exceptional
circumstances.
The
property
is
a
retail
center
designed
to
contain
many
businesses
under
one
roof
envelope.
Individual
exposure
for
each
business
is
not
possible
with
signage
mounted,
on
the
exterior
of
the
structure,
as
indicated
by
mr.
Pearson.
G
Here,
a
lot
of
the
businesses
do
not
have
exterior
exposure
because
their
interior
on
the
wall,
the
identity
of
business,
must
be
related
to
the
identity
of
the
entire
facility.
It
is
important
to
give
the
entire
complex
adequate
public
exposure
in
this
case,
and
currently
no
other
use
in
this
zone
has
the
same
conditions:
the
old
Athens
ball,
which
has
recently
been
converted
into
a
strip
mall.
G
So
the
fact
that
this
is
the
mall
in
itself
is
makes
it
a
exceptional
circumstance,
as
it's,
the
only
one
we
have
known
happens:
preservation
of
equal
property
rights,
the
right
to
advertise
your
businesses
provided
to
every
establishment
in
this
zone.
However,
when
the
business
does
not
have
direct
exposure
to
a
public
way,
consideration
must
be
given
to
allow
exposure
of
their
services.
This
would
not
grant
special
privileges
denied
to
other
properties.
G
Minimum-Variance.
This
request
is
only
for
the
additional
14
square
feet
in
area
on
that
existing
sign
out
at
the
mall.
It
is
not
a
significant
amount
when
you
consider
the
street.
Fine.
This
sign
is
located
on
is
over
850
linear
feet
on
East
State,
Street,
absence
of
detriment.
This
property
will
not
cause
of
substantial
detriment
to
adjacent
property
owners.
The
sign
is
located
near
the
middle
of
the
property
and
will
not
block
or
interfere
with
any
other
property
owner.
The
zoning
code
or
public
interest
will
not
be
affected
by
granting
this
variance.
G
The
scale
of
the
requested
signage
will
not
create
a
condition
out
of
place
to
the
existing
environment.
Essentially,
the
parameters
of
the
sign
will
not
be
increased
at
all.
Actually,
the
addition
is
going
to
be
within
the
context
of
the
existing
signage
out
there
and
not
of
a
general
nature.
This
request
is
not
of
a
general
nature.
For
many
of
the
reasons
stated
above
the
university
mall
is
the
only
indoor
mall
it
happens.
Even
as
large-scale
developments
have
occurred
in
this
zoning
district,
this
site
remains
as
a
substantial
facility.
G
You
know
plans
are
being
made
out
at
the
mall
to
develop
and
to
try
to
enhance
that
large
expanse
of
space
with
permanent,
more
permanent
structures,
basically
really
the
farmers
market
and
any
other
out
lot
development
that
occurs
and
that's
going
to
make
it
even
more
important
for
people
to
realize,
what's
actually
taking
place
in
the
mall
itself.
Whenever
you
interrupt
that
parking
lot
as
it
is
right
now,
I
have.
A
A
G
F
A
G
G
A
C
I'm
related
to
your
question
about
visibility
for
this
extra
panel
right
now,
the
farmers
market
has
a
temporary
banner
located
right,
where
this
panel
will
be
and
I
mean
it's
highly
visible,
pulling
up
and
down
the
street.
There's
no
there's
no
ground
cover,
there's
no
shrubbery
or
anything
like
that
around
the
base,
but.
C
A
A
D
A
A
A
That's
an
that's
one
way
of
looking
at
it
any
other
comment,
Airy
well,.
E
E
A
F
D
B
F
A
D
B
D
A
A
A
A
A
A
D
B
A
Of
the
individuals
who
would
be
advertising
on
the
sign
certainly
would
be
having
less
than
what
they
would
have
if
they
had
a
standalone
property
dead
to
eat
advertised
on.
So
it
seems
like
it
would
be,
preserving
an
equal
right,
all
right
minimum,
with
the
variance
be
the
minimum
required
to
make
reasonable
use.
Well,
it's
not
the
entire
property
we're
dealing
with,
but
would
this
be
the
minimum
variance
required
to
make
a
reasonable
sign
size.
A
A
Guess
there
aren't
how
about
impairing
the
purposes
of
the
code
of
the
public
interest.
B
A
A
A
A
A
A
A
C
C
However,
there
was
never
a
requirement:
I
mean
it
was
just
a
an
acknowledgment
that
it
was
a
duplex,
you
know,
but
half
it
was
owner
occupied,
so
no
permit
necessary,
no
inspection
necessary,
but
in
1997
when
the
parking
requirements
were
changed,
it
said
that
if
you
change
the
use
of
a
structure,
then
your
parking
has
to
comply
for
all
uses
in
the
structure.
So
97
essentially
made
conversion
of
any
single
building
or
portion
thereof
when
when
that
was
requested
to
be
changed
and
all
the
parking
was
required,
but.
A
It
explained
how
it
is
that
a
use
that
has
been
ongoing
for
Humpty
gajillion
years
now
is
considered
to
be
a
change
if
they
want
to
rent
both
parts
instead
of
Jessica.
My.
A
C
A
C
What
you
see
it's
been
a
duplex
forever.
It's
always
been
a
duplex.
This
is
not
a
request
to
take
a
single
building
and
duplex.
It
there's
been
two
dwelling
units
there
for
a
long
time.
The
property's
been
in
mr.
Hines
family
for
quite
a
while,
but
it's
just
there's
always
been
a
family
member
living
in
one
of
the
units.
So.
A
C
C
C
Sale
down
on
Morris
Avenue
right
now,
it's
got
a
duplex
garage
and
an
owner-occupied
front
building.
If
that
property
sells,
and
somebody
wants
to
rent
the
front.
Half
that
have
been
the
front
house
had
been
owner
occupied,
for
example,
if
they,
if
the
owner
lives
on
the
site
and
there's
no
request
for
increase
occupancy
or
increased
number
of
units,
the
parking
requirement
doesn't
apply,
but
in
this
case
it's
going
from
half
owner
occupied
or
family
occupied
family
of
the
owner
and
rattled
to
just
be
in
complete
control
by
definition.
That
change
requires
part
and
do.
C
Mm-Hmm
those
I
hear
mr.
so
Franek
and
others
come
here
and
speaking
about
the
wisdom
of
counsel
and
their
intent
and
purpose,
I'm,
not
sure
what
it
was
I
think
I
can
remember
statement
from
mr.
Baum
at
the
time
in
97,
and
people
said
this
is
something
where
isn't
a
little
bit
too
late.
All
the
horses
are
out
of
the
barn
and
his
response
was
well,
not
all
of
them,
and
so
those
are
the
type
of
cases
that
we're
hearing
since
1997
with
his
parking
reform.
C
So
what
we're
doing
is
there
are,
even
though
72%
of
the
towns
for
rent
that
number
keeps
increasing
in
1991,
when
the
strategic
plan
of
the
Planning
Commission
was
adopted,
that
number
was
62%
and
one
of
the
kind
of
signal
flares
that
went
up
was
the
towns
converting
to
rental
or
mobilizing
it's
the
term
that
they
used
to
quickly.
So
since
91
the
trend
has
gone
from
62%
to
72%.
C
C
There'll
be
there's
a
minimum
of
two
parking
spaces
per
unit
or
one
for
each
permitted.
Occupant
and
four
parking
spots
are
being
provided
or
suggested
to
be
provided,
there's
only
one
parking
spot
there.
Now
this
is
an
r3
zone,
multifamily
zone,
and
so
the
duplex
uses
a
permitted
use
for
parking
spots
are
what
would
be
required
as
duplex
in
an
r1
or
r2
zone.
C
Stack
parking
is
allowed
for
some
reason.
When
the
code
was
written
or
one
in
our
two
zones
allowed
stacked
parking.
Our
three
zones
did
not
allow
stack
parking.
So
the
only
problem
here
is
the
zone.
It's
not.
You
know
it's
the
correct
amount
of
parking.
It's
a
permitted
use
it's
in
the
right
zone.
It's
just
that
the
parking
requirements
don't
allow
two
cars
to
trap,
two
other
cars
in
which
is
what
mr.
Hines
proposes.
C
It's
not
threatened.
You
know
it's
not
enough
parking,
it's
just
for
the
stack
parking
now
when
we
started
looking
into
the
situation.
I
got
with
Scot
Lambert
over
the
city,
water
and
sewer
department
and
I
asked
him
about
stormwater
control,
because
when
you
park
for
cars
or
more
on
the
code
says
it
has
to
be
paved
in
speaking
with
mr.
Lambert,
he
was
concerned
about
additional
runoff
in
this
area
because
we
have
insufficient
storm
sewers.
C
There
we
have
brick
streets,
we
have
old
things
that
do
exist,
are
very
old,
there's
a
problem
with
an
excessive
amount
of
water
and
a
big
rainstorm
right
at
the
corner
of
carpenter
and
state
right
now.
So
the
sewer
department's
recommendation
is
that
the
area
be
allowed
to
remain
where
to
be
gravel
rather
than
paved.
A
C
That's
a
recommendation.
The
code
says
that
the
board
can
call
on
other
city
agencies
or
divisions
or
departments.
I
might
just
kind
of
did
that
in
advance
for
it,
so
that
wasn't
anything
that
was
originally
viewed
as
a
problem.
It's
essentially
a
recommendation
from
another
city
department
that
you
create
an
additional
variance
to
allow
to
remain
gravel
instead
of
having
it
paved.
There's
no
storm
sewer
in
the
area
tied
into.
D
B
C
Time
of
the
original
refusal
there
was
not
a
question
about,
was
it
going
to
be
paved
or
not?
That's
when
I
started
looking
into
it
and
the
sewer
department
said
boy,
our
preference
would
be.
That
does
not
be
paved
so
this
is
not
necessarily
requesting.
Mr.
Hines,
it's
a
recommendation
of
sewer
department
and
that's
why
it
wasn't
on
the
original
refusal.
C
A
H
It
has
been
in
my
family
for
45
years
now
and
until
spring,
this
spring
I've
always
had
a
relative
that
lived
in
this
lower
apartment
and
in
the
March.
My
son
was
the
last
one
in
there
he
moved
out
and
that's
what
I'm
trying
to
obtain
this
variance
to
bring
down
property
of
the
code
in
order
to
rent.
You
know
this
apartment,
I,
think
I've,
run
out
of
family
members,
show
City.
D
D
H
A
C
A
A
H
H
B
H
H
A
A
C
You
can
have
a
room,
seven
feet
wide
ten
feet,
long,
seventy
square
feet
and
that
room.
If
that's
the
single
bedroom,
allows
one
occupant
in
the
structure.
You
can
take
that
same
bedroom,
increase
the
floor
area
to
120
square
feet
or
an
additional
50
square
feet
which
would
take
it
to
120,
and
you
can
have
two
tenants
in
one.
C
Know
I've
never
been
in
the
downstairs
and
if
you,
if
you
look
on
that
packet
of
information,
you've
got
theirs,
it
should
say
on
there
the
maximum
number
of
tenants
requested,
just
because
a
place
say
is
big
enough.
You
got
a
two-bedroom
place,
that's
big
enough
for
four.
That
doesn't
mean
you
have
to
have
four.
You
can
just
have
two
so
I'm,
not
sure
what
mr.
Hines
requested.
A
C
Yeah,
it's
most
basic
thing
and
that's
why
yet
for
a
one-bedroom,
you
have
to
have
two
parking
spots,
for
example,
the
way
the
codes
written
when
rivers
edge
a
three
building:
Planned
Unit
development
over
by
river's
edge
apartment,
complex,
formerly
known
as
Lakeview,
had
eighty
one
bedroom
and
forty
efficiency
apartments
for
total
of
a
hundred
and
twenty
possible
tenants.
They
were
required
to
have
two
hundred
and
forty
parking
spaces
to
pretend.
C
So
that's
a
hundred
and
eighty
square
feet
of
impervious
surface,
a
total
of
360
square
feet
of
impervious
surface
required
to
have
a
rental,
but
you
can
somebody
can
live
in
seventy
square
feet
so
again,
I'm
not
sure
why
that
minimum
of
two
per
unit
was
established
if
occupancy
was
only
gonna
be
for
one.
But
that's
what
the
code
says.
C
A
A
C
For
example,
we've
got
a
lot
of
places
in
town
that
are
four
and
five
bedroom,
but
the
zoning
restricts
the
three
unrelated
person.
So
it's
not
has
to
do
with
people
and
people
in
not
bedrooms
or
bedroom
a
little
bit
about
bedroom
size,
but
nowadays
people
don't
really
like
to
double
up
like
they
used
to.
C
C
I
had
mentioned,
I
talked
to
mr.
Heinz
about
the
landscape
requirement
for
parking
of
25
cars
or
less
or
7,000
square
feet
of
parking
area
or
less
there's
a
four
foot
perimeter
buffer
required
between
the
property
and
the
adjacent
property.
So,
as
indicated
on
the
plan,
there's
that
required
four
foot
buffer
there's
proposal
to
plant
one
tree
on
the
Eastern
property
line
and
two
trees
on
the
southern
property
line,
so
he's
fulfilling
the
requirements
of
the
landscape
ordinance
in
that
way,
so
at
least
those
those
parking
spots
will
have
a
little
shade.
A
A
F
We
grant
a
variance
to
a
property
located
at
20
to
22
and
a
half
Franklin
Avenue
case
number
over
six
Oh
9v
zone
are
three
Richard
Hynes
is
the
appellant.
The
appellant
is
requesting
a
variance
from
section
twenty
three
point:
zero
8.01
a
to
convert
one
unit
of
a
two-family
dwelling
unit
to
rental
purposes,
with
two
assessable
and
two
non
accessible
parking
spaces
where
accessibility
to
all
parking
spaces
is
required.
G
D
A
F
B
A
I,
don't
know
that.
That's
really
what
we
mean
by
the
hardship.
That's
it
is
there
anything
exceptional
about
the
configuration
of
the
property
or
the
size
of
the
property
or
well
the
size
of
the
property?
Doesn't
there
isn't
sufficient
land
area
to
provide
parking
so
that
we're
not
that's,
not
a
hardship
so,
and
it's
know
a
lot
is
know
larger
or
smaller
than
is
it
not?
Let's
see
what
is
it?
It's
a
45.
That's
a
little
bit
smaller.
A
A
C
A
A
A
The
hardship,
it's
just
simply
the
change
of
use
the
change
of
use
is
make
it's
not
sensitive.
I
think
that
the
hardship
is
that
the
change
of
use
isn't
actually
a
change
of
use.
It's
a
continuation
of
a
use
under
it
under
a
new
regulation
that
didn't
exist
at
the
time,
but
I
think
you
can't
go
get
that
material,
because
you
can
always
refer
back
to
when
this.
When
this
particular
thing
did
not
exist.
B
A
As
if
the
law
has
not
changed
when
they
agree
and
and
for
houses
that
would
be
built
on
a
in
such
a
way
that
that
they
just
had
just
a
slightly
more
room,
it
would
be
possible
for
them
to
accommodate
this
changed
regulation
with
non
stacked
parking.
But
the
way
this
particular
house
is
situated
on
its
on
its
particularly
small
property,
which
is
not
the
smallest
in
the
neighborhood,
but
certainly
is
not
the
largest
either.
The
circumstances
are
such
that
addressing
the
new
requirements
is
difficult.
It
not
to
say
everybody.
A
So,
okay,
I'd
like
to
do
a
hypothetical
on
this
one
hypothetically,
the
house
will
be
rented
if
they
were
permitted,
the
house
would
be
rented
and
there'd
be
a
person
living
downstairs
or
a
couple
and
a
and
two
people
living
upstairs
and
they'd
wind
up
with
possibly
only
three
parking
places
anyway.
I
mean
only
three
cars
being
parked,
but
another
hypothetical.
B
F
A
The
consultation
here
is
on
the
number
of
parking
places
trying
to
keep
variance
as
minimal
as
part
of
what
we
try
to
do.
You
have
a
property
that
seems
like
it
has
always
been
occupied
by
a
family
or
a
couple,
or
something
downstairs
and
tenants
upstairs
and
and
since
there's
the
one
bedroom
downstairs,
it
seems
appropriate
that
it
would
always
be
one
tenant
downstairs
and
possibly
two
upstairs,
so
you
really
only
need
three
parking
places.
If
that
were
the
case,
would
you
be
comfortable
with
that,
except
that
the
law,
except.
C
A
C
A
Yes,
there
is
a
petition
that
was
circulated,
I,
remember,
a
statement
of
opposition
was
signed
by
one
two,
three
four
twelve
people
and
as
a
strong
opposition
to
on
this
basis
that
there's
no
undue
hardship
because
parking
for
two
vehicles
is
easily
possible
currently,
and
they
felt
that
the
granting
of
a
variance
would
clearly
materially
undermine
the
public
interest.
The
prohibition
against
stack
parking
has
the
effect
of
making
it
possible
for
each
tenant
to
have
genuine
access
to
an
off
street
parking
space.
A
Reducing
the
possibility
that,
rather
than
deal
with
difficulties
of
stack
parking
attendant,
will
Park
on
the
street
less
increasing
parking
congestion
in
the
area.
Indeed,
parking
congestion
is
substantial
in
the
area.
Residents
and
visitors
of
residents
and
grosvenor
frequently
end
up
parking
on
Franklin
because
they
can
find
nothing
on
Grosvenor
and
the
other
way
around.
Finally,
there's
no
question
of
the
preservation
of
equal
property
rights.
The
property
can
be
rented
without
the
variance
just
not
to
so
many
people
or
it
could
be
sold
as
a
beginning.
A
A
A
C
Number
of
people
that
were
opposed
to
this
when
it
was
originally
advertised.
Those
signature
dates
are
there
they're
very
few.
This
was
to
be
heard
to
two
maybe
three
months
ago,
but
in
any
case
I'm
just
pointing
out
the
dates
when
the
signatures
of
one
of
the
one
of
those
signatory
to
the
petition,
mr.
Williams
of
Franek
I
believe,
is
the
author
of
the
document
when
he
brought
it
to
the
office.
Yesterday
afternoon,
he
said
that
now
that
he
looked
at
the
case,
he
really
wasn't
necessarily
opposed
to.
C
He
didn't
think
that
it
was
necessarily
that
bad,
an
idea-
and
he
asked
me
why
I
had
not
gotten
the
appellant
in
touch
with
him
for
his
whatever
group
he
represents
and
I
basically
made
the
statement
that
you
know
I
didn't
know
that
they
wanted
to
speak
to
mr.
Hines,
so
mr.
Hines
did
receive
and
he
can.
He
can
tell
you
all
about
it.
He
I,
don't
if
you
called
him,
or
he
called
mr.
Sol
Franek
last
night,
called
mr.
Hines
and
asked
to
meet
with
him
this
morning,
and
they
had
a
discussion
about
mr.
C
C
C
H
H
Statement
that
he
turned
in
you
know
about
it,
and
he
indicated
to
me,
as
he
did
mr.
Pearson
there
did.
You
know
he
could
not
get
in
touch
with
all
these
people
on
this
petition
before
tonight,
so
he
could
cross
his
name
off
his
wife's
name,
his
brother's
name,
and
that
he
also
told
me
that
he
would
not
be
here
tonight
to
oppose
this
he's
not
see.
A
G
G
B
A
H
A
A
A
A
A
Well,
it
seems
to
me
that
that
whether
these
people
now
have
changed
their
minds
or
not,
they
have
made
an
argument
that
either
is
included
and
to
be
considered
as
part
of
the
findings,
because
they're
valid
or
they're
not
valid.
So
it
seems
to
me
if
we
go
through
the
findings
and
look
at
the
findings
quite
fairly,
then
we
don't
need
to
print
it
out.
You
see
you
don't
need
to
know
whether
or
not
they
really
feel
the
way
they
felt
in
rock'n'roll
yeah.
Okay,
all.
A
A
A
A
A
D
A
A
A
A
A
B
A
G
A
A
A
Moore
but
he's
asking
yeah
okay.
So
that's
why
that's
an
exceptional
circumstance,
but
then,
if,
when
we
go
into
preservation
of
equal
property
rights,
would
literally
interpreting
the
code
deprived
a
pallet
of
Rights
commonly
enjoyed
by
others
in
the
same
vicinity.
Not
if
everybody
now
has
to
comply
with
the
new
rules
right
and
with
granting
the
variance
convey
a
special
privilege.
A
B
F
C
Opposed
to
fall
so
to
the
once,
but
it's
permitted
to
attach
safeguards
and
conditions.
Okay,
to
make
sure
that
the
order
of
the
determination
of
the
board-
you
know
it
was
fair
and
equitable
and
and
properly
or
easily
or
equally
enforced,
so
yeah
you
can
attach
conditions
and
safeguards.
Thank
you.
A
F
B
A
I
move
that
we
grant
a
variance
to
twenty
two
and
twenty
to
have
Franklin
Avenue
from
section
23:08
o-18
to
convert
one
unit
of
a
true
family
dwelling
to
rental
purposes,
with
two
accessible
and
one
non
accessible.
Well,
I
guess
they
would
actually
yeah.
It
would
really
be
one
accessible
into
non
accessible
parking
spaces
where
accessibility.
G
A
F
B
D
B
A
A
Well,
they
just
don't
quite
have
enough
space
and
it
is
a
short
lot.
There
are
longer
Lots
on
that
street.
To
me,
the
hardship
is
just
that
the
house,
as
it
was
constructed
at
the
time
it
was
constructed,
fit
for
the
use
and
it
no
longer
does
I.
Don't
know
if
everybody
agrees
that
that's
a
hardship
but
sure
seems
to
me
to
make
it
difficult.
A
Anyway,
practically
speaking,
it's
difficult
to
get
that
parking
in
there
because
of
the
various
requirements
that
have
been
added
on
since
the
building
was
put
there
at
a
time
when
it
was,
it
would
work
the
way
it
was,
and
it
doesn't
work
anymore
to
me.
That
needs
me
addressed,
but
we'll
know
when
we
vote
whether
or
not
everyone
agrees,
the
exceptional
circumstances
we've
seem
to
have
fixed
with
our.
A
A
A
The
minimum
variance
then
we
come
to
is
the
variance
the
minimum
required
to
make
reasonable
use
of
the
property
so
reasonable
use
of
the
property.
This
property,
which
has
been
used
for
forty
five
years
as
a
duplex,
can
now
reasonably
only
be
used
as
a
single-family
dwelling.
Is
that
the
idea
is
that
reasonable?
No.
F
A
A
A
D
D
A
No
three
of
whom
live
on
the
street.
There
were
three
people
on
four
residents
of
that
street
who
signed
it.
Two
of
them
signed
it
April
and
one
sign
just
recently,
but
the
other
people
are
also
located.
You
know
I'm
down
at
that
end
of
Grosvenor,
so
they
probably
do
feel
the
consequences.
All
the
time
too
many
people
well.
A
A
A
F
A
A
A
There
isn't
going
to
be
a
change
in
the
way
it's
being
used,
so
there
isn't
a
detriment
that
I
can
see,
but
we
have
to
wait
and
see.
If
everybody
agrees
with
me
or
not,
general
nature
is
the
variance
something
that
could
be
a
it
is
considered
recurring.
No,
it's
already
been
addressed
by
the
City
Council.
That's
why
we
have
to
deal
with
it.
B
A
A
A
C
A
Okay,
mystery
that
ones
time
you'll
be
getting
your
notice
shortly.
Thank
you.
Alright,
our
last
one
is
for
sixty-five
home
Street.
It's
a
zone,
r1
case
Linda,
Kepler's
our
appellant
and
asking
to
permit
a
covered
patio
in
a
circumstance
where
inadvertently
the
patio
is
already
covered.
Steve
did
you
want
to
give
us
any
background
on
this
or.
C
This
particular
property
came
to
my
attention,
while
going
over
to
the
library
one
day
to
be
real,
honest
on
it
and
I
noticed
a
roof
held
up
by
four
posts
covering
what
was
formerly
just
a
concrete
slab
and
I
didn't
recall
a
permit
being
issued
on
it.
So
Levi
asked
Brian's
ooh
look
who's.
One
of
my
officers
have
lives
in
that
neighborhood
to
make
contact,
and
in
discussing
the
issue
with
the
owner,
mrs.
kefir.
She
had
been
out
of
town
for
a
period
of
time
and
had
returned
fine.
C
That
family
members
had
built
this
covering
over
her
outdoor
uncovered
patio
as
a
gift.
While
she
was
gone
and
in
any
case
it
still
needed
to
be
permitted
and
it
couldn't
be
permitted
once
I
figured
up
the
lot
coverage
now.
As
you
can
see,
this
is
a
lot
it's
a
little
different
than
some
in
that
neighborhood.
A
C
Think
if
you
look
on
the
drawing
the
tube,
the
two
Lots
on
home,
Street
closest
to
Lincoln
we're
somewhere
along
the
line
divided
in
half,
but
originally
plaited
like
most
of
the
Lots
in
that
neighborhood,
twice
the
size
of
this
lot.
So
it
has
a
disadvantage
to
begin
with
and
I
think
there's
one
sheet
there,
where
I
did
calculate
the
lot
size
and
square
footage
8,000
square
feet
is
the
at
minimum
and
I
think
this
lot
was
around
5,000.
C
It's
on
one
of
those,
the
sheet
that
has
a
site
plan
and
I
just
did
a
little
sketch
of
a
covered
building
the
calculations.
There
was
there
for
percentage
of
live
coverage.
So
it's
it's
already
an
area,
a
lot
deficient
in
area
the
addition
of
this
unenclosed
open-sided,
it's
really
just
a
roof.
Over
top
a
concrete
slab,
increased
it
to
I.
Think
it's
thirty
six
point,
seven
percent!
So
it's
six
point:
seven
percent
greater
than
what's
permitted.
C
Essentially,
there's
no
detriment
in
that
it
doesn't
necessarily
block
light,
doesn't
block
air
wind
circulation
ventilation
to
the
neighbor
at
all.
It
has
to
remain
open,
sided
or
flood
proof
in
some
manner,
because
this
is
in
a
special
flood
hazard
area.
So
you
know
in
in
doing
the
permitting.
Also
there'll
be
a
notation
that
this
is
a
number
one.
It's
so
small.
It's
an
exempt
structure
from
flood
proofing
requirements
number
two.
It
is
flood
proof
because
it's
open
sided.
It
has
no
no
enclosed
sides.
C
A
C
And
again,
that
has
to
do
with
definitions
in
the
zoning
code
I'm
a
structure
which
is
what
what
you're
looking
at
in
terms
of,
including
in
a
lot
coverage.
The
definition
of
a
structure
is
something
attached
to
the
ground
or
attached
to
something
that's
attached
to
the
ground,
so
it
could
be
made
out
of
it
could
be,
36-inch
poured
concrete
walls
or
it
could
be
something
as.
C
A
A
C
Caused
it,
you
know
to
come
into
play
to
be
included
in
WOD
coverage.
A
lot
of
times,
I
know,
there's
been
discussion.
People
have
made
comment
about
slab
on
grade
or
parking
areas
shouldn't
that
be
included
in
a
lot
coverage.
Zoning
code,
definition
of
things
that
are
included
in
law
coverage
or
structures
only
yeah,
so
it
wasn't
a
problem
before
he
could.
It
could
have
a
big
tent,
a
temporary
tent
over
it
and
that
wouldn't
be
a
structure
just.
D
C
D
A
C
F
B
F
C
A
I
I'm
Linda
Kathryn
good
evening
this
evening,
I
live
at
65,
Holmes
Street
knit
Christmas
time.
My
brother
was
just
trying
to
be
a
nice
brother
and
when
I
bought
my
home
several
years
ago,
it
had
been
completely
redone
by
my
daughter
who
owned
it
before.
That
house
had
been
a
condemned
building,
and
now
it's
quite
a
nice
little
structure.
I
It's
completely
revamp
and
when
I
moved
in
I
turned,
we
turned
the
gravel
driveway
into
a
cement
driveway
and
at
the
end
of
the
driveway
I
wanted
an
area
so
that
I
could
go
outside
and
have
a
picnic
table
and
my
grandchildren,
my
family
over
and
my
brother
thought
it
was
ridiculous
to
have
a
table
with
an
umbrella
that
didn't
have
enough
coverage
for
everybody.
That
was
going
to
be
there.
I
I
A
I
Hang
out
when
they're
not
working
or
they
see
me
out
or
something
they.
Oh
that's
where
we
all
kind
well
I
sit
between
hustling
house
is
on
a
corner.
I
have
people
adjacent
on
either
side
of
me
and
actually
one
building
over.
Even
people
come
over
to
sit
under
it.
It
gave
us
space
and
created
a
space
for
us,
because
before
my
brother
was
right,
the
umbrella
just
didn't
do
it.
It
is
so.
I
A
D
A
A
To
to
have
a
covered
patio
in
in
this
particular
property
would
be
next
to
impossible
to
have
anything
of
anything
you
know
of
a
size
submission
to
be
useful.
She
doesn't
have
any
yard
really.
She
has
a
small
front
yard
and
a
little
bit
on
the
side.
That's
that's
her!
That's
her
usable
outdoor
living
space
and
is
that
little
just
that
corner
back
there
and.
A
A
A
G
A
F
A
It's
really
really
nice
generally.
Is
it
a
is
it
of
a
general
nature
and,
while
absence
of
detriment,
would
the
grounding
of
the
variance
be
a
detriment
to
adjacent
properties,
not
in
my
opinion,
but
and
the
purposes
of
the
code.
I
think
we
Steve
is
justified
to
the
purposes
and
it
doesn't
seem
it
would
impair
them,
nor
the
public
interest
public
interest
seems
to
be
well
served
by
that
general
nature.
Would
the
variance
be
of
a
generally
recurring
nature
should
be
had
about
a
law
change,
no.
I
A
A
G
A
B
D
I
A
E
E
F
E
C
C
Trees
are
very
small
and
we're
not
planted
to
their
specifications.
I
find
nothing
in
the
record
of
the
tree
Commission,
where
they
in
writing
specified
the
type
of
tree
and
the
size
of
the
tree
and
the
caliper
of
the
tree.
So
I'm
gonna
have
to
go
back
to
the
appellant,
and
this
is
something
the
tree
commissioners
asked
about,
because
they're
concerned
about
the
size
of
the
trees
to
find
out.
C
A
A
C
C
I'm
still
working
on
that
on
behalf
the
tree
Commission,
what
I'm
probably
gonna
have
to
do
is
ask
mr.
pitcher
to
provide
to
me
what
he
had
mentioned
in
the
minutes
was
the
recommendation
of
the
tree.
Commission
I
can't
find
it
in
the
tree.
Commission
records
I
can't
find
it
in
their
minutes.
I
can't
find
it
in
their
files.
Hopefully
mr.
pitcher,
when
responding
to
that
said,
yes,
I
will
abide
by
those
recommendations.
I
have
already
received
from
the
tree
Commission.
Hopefully
he
kept
that
document
well,.
A
A
C
A
A
A
A
Would
so
there
is
one
other
thing
that
I
just
wanted
to
bring
up
and
that
the
effect
of
the
possibility
of
there
being
a
second
alternate
that
possibly
the
mayor
has
a
candidate,
but
it
would
be
interesting
to
me
and
I
think,
probably
for
everyone,
if
it
were,
if
someone
for
the
north
side
or
the
west
side
were
to
volunteer
to
become
a
member
of
our
board,
all
I
need
to
do
is
to
contact
you
or
the
mayor's
office
directly.
How
do
they.
B
A
C
Citizen
that
would
like
to
be
a
member
of
any
City
board
or
Commission
can
submit
to
the
appropriate
appointing
agency
their
request
for
the
case
of
Board
of
Zoning
Appeals.
Those
appointments
are
mayoral
in
nature
and
confirmed
by
council.
What
the
mayor
asked
for
is
when
he
receives
applications
that
you
essentially
submit
a
short
resume.
So
he
has
some
idea
what
your
background
might
be
and
is
it
appropriate
and
applicable
to
these
kinds
of
decisions,
or
maybe
just
to
show
that
it's
not
contrary
to
we've
the
public
service
of
an
Ave
of
a
regular
citizen.
C
I
know
the
mayor
has
had
one
person
indicate
interest
in
the
position
and
it
may
not
hurt
for
people
to
go
ahead
and
submit
something
in
writing
to
the
mayor,
because
mr.
Shafi
and
indicated
earlier
tonight
that
he
may
not
be
able
to
continue
as
the
existing
order
he's
going
to
miss
three
months
and
he's
wondering.
Then.
A
F
A
All
the
more
reason
for
us
to
be
interested
still
in
having
other
applicants.
So
if
there's
anybody
out
there
who's
interested
here's
your
chance,
we'd
really
love
to
have
another
applicant
for
the
position
of
the
alternate.
And
you
really
don't
have
to
plan
on
being
required
to
sit
and
listen
to
the
cases
and
vote
on
them
immediately.
But
alternates.
C
A
And
even
if
you
vote
having
another
person
to
have
to
fill
out,
our
discussion
would
be
useful,
particularly
if
it
were
somebody
representing
the
North
or
the
west
side,
which
is
a
little
bit
under
represented
on
our
board.
It
would
be
terrific
so
really
liked
it
if
we
could
get
some
anybody
out
there
watching
if
you're
interested,
please
call
the
mayor's
office
and
apply.
Thank
you.
One.
C
Thing
I
had
discovered
too
was
that
in
2003
and
I
hadn't
realized
it
until
I
actually
had
mentioned
to
the
board.
The
last
meeting
that
I
would
recommend
an
amendment
to
the
Planning
Commission
to
allow
for
the
second
alternate,
I
pulled
the
code
up
and
here
it
had
been
done
in
2003
I,
don't
know
how
I
overlooked
at
the
house,
but
it
must
have
been
something
that
that
we
were
thinking
about
at
the
time.
So
there's
no
amendment
change
it's
necessary.
We
can
go
there's
no
time.
C
A
A
C
A
A
C
For
3:15
East,
8th
Street,
that
was
a
request
for
a
use
variance.
It
had
been
first
sent
to
the
City
Planning
Commission,
because
the
Planning
Commission
has
to
make
a
recommendation
to
the
Zoning
Board
before
you
can
grant
a
use,
variance
I
presented
that
to
the
Planning
Commission
they
requested
a
public
hearing
I
contacted
all
the
neighbors
within
500
feet.
Actually,
Paul
did
I
said,
that's
what
we're
gonna
do
and
when
I
turned
that
task
over
to
Paul,
it
ended
up
being
116
different
properties.
C
We
had
to
look
up
to
using
records
from
the
from
the
auditor,
so
we
widely
advertised
that
for
the
Planning
Commission
at
their
request,
and
there
was
quite
a
bit
of
testimony
in
opposition,
the
Planning
Commission's
recommendation
that
you
would
have
had
tonight.
If
this
case
we're
on
the
agenda
was
not
to
grant
the
use
variance
for
that
property,
but
mr.
smelter
after
that
hearing,
withdrew
his
request.
So
what
I
wanted
to
do
was
just
to
let
everybody
know
that
that
issue
is
gone
from
the
agenda.
E
C
A
E
C
We
had
we
talked
about
having
another
meeting,
because
I
do
have
a
lot
of
refusals
pending
right.
Now,
though,
as
of
today,
I
only
have
what
I'd
call
two
perfected
cases
where
they've
submitted
all
their
documentation
required
their
notarized
statement,
their
arguments
in
their
advertising
fee
or
hearing
fee.
So
I
can't
see
really
why
we
want
to
have
a
meeting
for
just
two
two
people
now
I
have
recently
had
two
notices
of
violation.
These
are
not
refusals
from
permit
applications,
but
things
that
I've
noted
in
the
community
who
have
been
brought
to
my
attention.
C
I've
written,
what's
called
a
Notice
of
Violation
to
7,
with
business
at
7,
west
carpenter,
they're
going
to
understanding,
is
they're
going
to
appeal
to
you
two
for
parking
variance
and
also
trying
to
remember
the
address
the
bank
on
Stimson
because
of
their
light
eating
they've
received
the
same
notice
and
I've
given
them.
Several
I
have
several
options
available
to
me
when
I
talk
to
the
pellets
they
can
conform
or
they
can
request
a
variance.
C
At
the
bank
is
the
new
section
pertaining
to
lighting
glare
and
pollution.
There's
three
there's
two
sections:
one's
glare
and
pollution,
the
other
one's
trespass.
So
there's
a
foot
candle,
0.1
foot
candles
permitted
maximum
at
the
property
line.
I
used
a
light
meter
didn't
really
find
a
discrepancy
there.
It
has
to
do
with
glare
and
pollution,
no
lights
to
be
emitted
below
the
lowest
member
of
the
fixture.
So
this
fixture
I
mean
lights
going
everywhere.
So
I'd
received
a
complaint.
C
Talk
to
the
Builder.
There's
been
some
things
in
the
newspaper
about
it,
and
so
one
of
the
things
somebody
can
do
other
than
comply
or
comply
with
my
notice
or
comply
with
the
code
is
to
appeal
the
decision.
So
these
cases
you
may
hear
requests
for
variance,
or
you
may
have
a
request
to
determine
you
an
administrative
review
of
my
determination.
That's
the
very
first
thing:
when
you
go
through
the
reading
of
the
things
the
board
is
allowed
to
do.
The
first
thing
is
person
can
ask
for
administrative
review.
C
Essentially
they
can
say
the
zoning
inspector
was
having
a
bad
day.
That
day,
can
you
straighten
him
out?
In
other
words,
you
can
reverse
my
decision.
Second
thing
they
can
do
is
ask
for
a
variance
so
I'm,
not
sure
in
each
of
these
cases,
just
exactly
what
it
is
they're
going
to
do,
but
but
those
letters
have
gone
out,
I
do
have
them
refusing
one
another
property
where.
C
Of
stacked
parking,
our
three
zone
stack
parking.
They
converted
office
space,
a
building
containing
office
space
completely
into
now
office,
space
plus
a
rental
exactly
the
same.
Well,
not
exactly
the
same
situation,
mr.
Hinds
they're,
actually
converting.
So
we
have
those
three
outstanding
I
know
those
people
intend
to
appeal
just
so.
The
public
knows:
there's
no
way.
C
I
can
stop
the
use
at
any
of
these
places
until
people
who
have
given
a
Notice
of
Violation
have
exhausted
their
due
process,
and
that
includes
first
coming
to
the
board,
asking
for
either
administrative
review
or
a
variance
and
then,
if
denied
appeal
to
the
Court
of
Common
Pleas,
so
there's
just
this
long
contracting
process,
I
can't
ask
the
court
I,
probably
wouldn't
be
granted
by
the
court,
a
court
order
to
stop
a
use.
That's
the
only
process.
I
have
to
actually
stop
and
use
to
have
the
court
order.