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From YouTube: Board of Zoning Appeals Meeting 03-14-06
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A
B
B
The
board
operates
according
to
the
following
procedure:
the
trail
will
name
and
describe
the
case.
The
Zoning
Administrator
will
state
the
basis
of
the
objection
and
any
applicable
facts
of
conditions
pertaining
to
the
case.
The
applicant
or
their
representative
will
give
reason
why
the
appeal
should
be
viewed
favorably.
B
Anyone
wishing
to
speak
in
favor
of
the
request
will
be
heard.
Anyone
wishing
to
speak
in
general
comment
will
be
heard.
Anyone
wishing
to
speak
in
opposition
will
be
heard
if
necessary,
the
appellant
or
the
administrative
office
administrator
or
their
representative
well
off
of
concluding
summary
or
rebuttal
remarks.
Testimony
from
the
fall
will
not
close
and
the
board
will
deliberate
in
window
decisions
according
to
a
pin,
City
Code
section
23,
oh
seven,
o3d
the
board
has
the
power
to
grant
variances
from
the
strict
application.
B
The
Cove,
provided
the
variants
will
not
be
contrary
to
the
public
interest.
This
period
of
the
code
is
observed,
Public
Safety
and
Welfare
secured
and
substantial
justice
is
done.
According
to
the
admin
city
codes,
section
23:09,
tensy
variances,
when
a
coach
shall
not
be
granted
unless
the
Board
finds,
based
on
direct
specific
findings
of
fact
that
each
of
the
following
conditions
has
been
supported.
B
One
practical
difficulty,
an
undue
hardship
because
of
exceptional
or
extraordinary
circumstances
or
conditions
pertaining
to
a
specific
piece
of
property.
A
literal
enforcement
of
these
regulations
will
result
in
practical
difficulty
or
undue
hardship
that
is
unnecessary
to
the
achievement
of
public
purposes,
to
exceptional
circumstances,
their
exceptional
or
extraordinary
circumstances
or
conditions
applying
to
the
property
in
question
or
to
the
intended
use
of
the
property
that
do
not
apply
generally
to
other
properties
of
classes
or
uses
in
the
same
zone.
B
3,
preservation
of
equal
property
rights,
literal
interpretation
of
these
regulations
would
deprive
the
appellant
of
rights
commonly
enjoyed
by
others
in
the
same
zone
and
the
same
vicinity.
While
the
granting
of
the
requested
variance
will
not
convey
on
the
applicant
any
special
privilege
that
is
denied
to
other
properties
in
the
same
zone
in
the
same
vicinity
for
a
minimum
variance.
The
variance
granted
is
the
minimum
variance
required
to
make
possible
the
reasonable
use
of
the
property
by
absence
of
detriment.
B
The
authorizing
of
such
variance
will
not
be
of
substantial
detriment
to
adjacent
property
and
will
not
materially
impair
the
purpose
of
the
zoning
code
or
the
public
interest
6,
not
of
a
general
nature.
The
condition
of
situation
of
the
specific
piece
of
property
or
the
intended
use
of
said
property,
for
which
variance
is
saw
one
or
the
other
or
in
combination,
is
not
so
general
or
recurrent.
The
nature
is
to
make
reasonable,
reasonably
practical,
the
formulation
of
the
general
regulation
for
such
and
situations.
B
The
board
also
has
a
power
to
review
decisions
of
the
Zoning
Administrator.
He
requests
for
conditionally
permitted
uses.
He
requests
the
substitution
of
non-conforming
uses
determine
the
number
required
off
street
parking
spaces
if
the
specific
use
is
not
contained
in
section
23
11
table
be
here,
requests
with
temporary
use
of
structures
of
premises
and
consider
requests
for
extension
of
temporary
permits.
B
After
receiving
a
recommendation
from
the
Athens
City
Planning
Commission
any
person
resident
or
officer,
Department
or
appointed
body
of
the
city
of
Athens
aggrieved
by
a
decision
of
the
board,
they
petitioned
the
Athens
County
Court
of
Common
Pleas.
Concerning
the
illegality
of
the
decision.
Such
petition
must
be
filed
within
30
days
after
the
mailing
of
the
decision
of
the
board
to
the
applicant.
There
are
four
cases
on
tonight's
agenda:
okay,
so
603
V
is
at
30
Westfield
place
case
Oh
604
pages
at
161,
181
West,
8th
Street
case
Oh.
B
605
V
is
at
316
Carroll
road
and
case
Oh.
607
V
is
13
Lawson's
way.
The
board
is
required
to
take
testimony
under
oath
with
anyone
wishing
to
speak.
Concerning
any
item
on
the
agenda,
please
stand
and
confirm
that
you
do
swear
or
affirm
the
testimony.
You
will
give
to
the
board
to
be
the
truth.
The
whole
truth
and
nothing
but
the
truth.
C
B
The
first
thing
you
need
to
deal
with-
and
some
of
you
is
certainly
concerned
with
this-
is
case
o6v-
which
obviously
I
did
not
refer
to
at
150
grow
ministry.
The
appellant
John
Curtis
has
withdrawn
his
case
without
prejudice,
so
we
will
not
be
hearing
that
case
if
you
think
with
that,
you
can
happily
go
home.
B
D
It's
just
about
to
the
point
now
where
it's
built
out
just
about
all
the
structures
that
were
originally
proposed,
I've
been
constructed,
westfield
started
out
as
a
Planned
Unit
development,
in
other
words
construction
of
multiple
buildings
on
a
single
parcel
of
land
toward
the
end
of
the
review
process
that
was
proposed
as
a
major
subdivision.
So
each
individual
owner
at
Westfield
owns
a
small
portion
of
property.
D
There
were
some
development
issues
there
because
of
the
nature
of
the
soils
they
were
very
slip
from
and
he
aired
that
the
developers
wanted
to
concentrate
on
was
less
likely
to
have
slipped
potential.
Therefore,
the
right
away
was
narrowed.
Variance
was
granted
for
that
and
variances
were
granted
to
construct
all
the
buildings
closer
than
this
to
the
street.
D
So
if
you
wondered
why,
if
you
went
out
there
and
looked
at
and
wondered
why
everything
was
seam
close
to
the
street
is
because
those
variances
were
granted
by
the
City
Council
with
review
of
the
subdivision
at
the
time
the
developers
came
in
review
the
project
it
was,
it
was
presented
as
a
totally
owner-occupied
development.
They
there
was
no
intention
for
any
of
the
places.
I
don't
know
there
was
ever
said
that
wouldn't
be
rental.
It
was
just
said
that
it
was
intended
to
be
owner
occupied.
D
There
are
some
small
areas
up
side
the
street
that
are
parking
for
everyone.
Those
are
those
spaces
are
not
dedicated
to
any
one
particular
property
there
in
the
city
right
away
and
they're,
essentially
the
same
as
on
street
parking.
That
was
one
of
the
concerns
to
because
the
road
and
the
right-of-way
were
narrowed.
There
wouldn't
be
any
ability
to
park
on
the
street
where
would
visitors
park,
because
the
houses
were
so
close
from
the
driveways,
then
so
shortened
up
to
the
buildings.
D
I'm
not
sure
if
there
are
any
deed
restrictions
or
subdivision
covenants
that
cover
this.
You
know
that
they
have
to
stay
owner
occupied
it'd,
not
be
converted
to
rental.
That
does
that
situation,
though,
would
not
be
something
that
the
city
would
enforce.
That
would
be
something
civil
between
say,
the
homeowners
association
in
a
particular
property
owner,
so
I'm
not
have
no
knowledge
one
way
or
the
other
if
there
are
any
deep
restrictions
or
covenants
associated
well,.
E
D
The
request
is
for
a
variance
you
have
to
have
a
minimum
two
parking
spots,
but
this
zone
has
happens
to
be
our
three
multi-family
residential
apartment
requirements
for
not
being
able
to
stack
cars,
it's
zone
driven
and
not
used.
True
and
I
know.
We
comes
up
quite
often
just
because
it's
a
single-family
use,
we're
stacking
is
permitted
in
an
r1
zone
or
in
our
two
zones.
Stacking
is
not
permitted
in
an
r3
zone.
So
that's
the
difference.
It's
a
zone,
the
stacking
prohibition,
a
zone
driven,
not
use
driven
in
the
Green
Hill
subdivision.
D
Just
adjacent
to
this,
as
you
drive
in
the
board,
is
granted
in
the
past
granted
to
variances
for
stacked
parking
in
that
particular
subdivision.
It
was
zoned
r3
at
the
time
just
recently,
City
Council
on
petition
of
the
property
owners
in
that
subdivision,
rezone
that
area
to
r1.
So
even
though
those
variances
were
granted
for
stacking
they're
not
necessary
now,
because
the
zoning
change
from
R
3
to
R
1
allow
stacking
ingredient.
D
D
As
I
was
sitting
here,
thinking
of
a
another
possible
solution
to
this
and
I
just
kind
of
throw
this
out
for
the
board's
consideration
recently,
a
temporary
use
was
granted
to
mr.
claudus
for
his
mother's
home
on
West,
8th
Street.
He
didn't
intend
to
rent
the
property
for
all
that
long.
He
wanted
to
sell
it
and
then
the
potential,
the
buyer,
if
they
wanted
to
convert
it
to
a
rental,
would
have
to
cope
with
the
parking
situation.
So
the
board
looked
at
a
temporary
use
request
for
mr.
D
claudus
when
on
the
introduction
to
the
medium
temporary
use
is
something
that
board
can
consider.
Temporary
uses
can
be
granted
for
the
board
by
myself
for
up
to
60
days
by
the
board
for
up
to
one
year
with
recommendation
from
the
Planning
Commission
on
review
after
that
first
year,
for
the
potential
up
to
three
years,
so
I
just
kind
of
liked
to
throw
that
out,
I
didn't
advertise
it
that
way.
I
don't
think
we
can
hear
a
request
for
temporary
use,
but
there's
a
potential
if
the
requests
were
a
variance
wouldn't
happen
to
fail.
F
G
Med
student
and
I'm
completing
my
clerkship
in
Columbus,
Ohio,
and
so
as
a
result,
I
also
own
this
home
and
I
will
be
returning
back
at
Athens
after
my
clerkship
is
done,
which
is
in
a
year
a
year
and
a
half,
and
so
because
I
can't
afford
to
pay
for
my
house,
and
also
in
Carmen
and
in
Columbus.
I
went
to
some
friends
that
were
looking
for
a
place,
a
decent
place
to
live,
and
so
that's
who's.
G
Currently
like
would
like
to,
or
it's
currently
staying
in
my
house
right
now
and
so
prior
to
this,
though
I
did
go
to
Ohio
realtor,
which
is
I
believe
owned
by
mr.
Wharton,
who
did
say
that
he
had
obtained
the
permit,
and
everything
like
that.
So
oh
I
didn't
even
know
that
I
initially
was
not
in
the
correct,
because
I
wasn't
trying
to
slip
anything
under
anyone.
G
E
G
B
F
B
G
B
Anybody
who
wishes
to
speak
in
general
comment:
are
you
ready
in
opposition?
Yes,
okay?
So
if
anybody
with
wishes
to
speak
in
opposition-
and
let
me
just
say
at
the
beginning,
if
we
have
a
number
of
people,
it
looks
as
if
we
may,
you
should
either
speak
briefly.
We'll
make
different
points.
Okay,
so
who'd
like
to
come.
First.
F
F
H
Yes,
thank
you.
My
name
is
Sharon
Fink
and
I
live
at
35
Westfield
place,
which
is
directly
across
the
street.
Just
a
little
bit
of
background.
We
just
currently
has
seen
sixty
single-family
dwellings
in
this
neighborhood,
with
two
additional
dwellings
currently
under
construction,
who
possibly
plans
for
a
few
more.
There
are
currently
only
five
pads
for
guest
parking,
which
provides
approximately
only
seven
spaces
for
seventeen
vehicles,
two
to
three
more.
If
you
can't
the
area
where
the
mailboxes
are
located,
as
pointed
out
by
mr.
Pearson,
the
streets
are
extremely
narrow.
H
That's
wide
enough
for
two
cars
to
pass.
If
there
is
no
one
parked
on
the
street
and
currently
parking
is
only
allowed
on
one
side
of
the
street
because
the
streets
are
fairly
narrow
and
so
as
it
stands
now
when
people
are
in
the
neighborhood
and
people
in
the
neighborhood
have
social
gatherings,
it's
very
challenging
for
them
to
find
someplace
to
park.
H
While
this
one
variance
alone
might
not
create
a
hardship,
I
have
concern
for
the
presidents.
That
would
said
if
this
were
in
a
permanent
status.
I
believe
that
this
neighborhood
was
designed
for
single-family
occupancy,
not
multiple
person,
rental
occupancy
and
parking
will
become
a
greater
power
problem.
If
the
makeup
of
the
community
changes
to
accommodate
occupancies
of
three
unrelated
persons
per
dwelling,
so
I'm
really
concerned
about
the
president's
that
this
would
set.
H
I
Good
evening,
lining
name
is
Anita
James
and
I
live
at
27
Westfield
Place,
and
would
like
to
point
out
a
couple
of
things
that
are
different
points
than
what
Sharon
presented.
First,
there
is
a
set
of
deed
restrictions
that
we
all
signed
when
each
of
us
purchased
our
property
item.
Number
nine
of
the
deed
restrictions
says
that
each
lot
owner
shall
provide
parking
space
for
vehicles
on
his
own
property
and
continues
with
no
trucks.
I
No
commercial
vehicles,
item
number
19,
which
is
even
more
to
the
point,
says
several
pocket
parking
areas
will
be
developed
within
westfield
place
for
the
purpose
of
providing
additional
visitor
parking
areas
within
this
residential
area.
These
spots
will
be
maintained
and
regulated
by
the
homeowners
association
once
established,
storage,
parking
or
use
of
these
spots
by
specific
lot
owners
for
purposes
other
than
short-term
visitors
is
expressly
disallowed.
I
With
respect
to
the
six
criteria
under
which
the
Zoning
Board
may
make
or
may
permit
variances.
Let
me
respond
to
four
of
those
that
I
believe
are
pertinent
to
this
case
tonight.
First,
there
are
no
exceptional
or
extraordinary
conditions.
Applying
the
conditions
applying
to
30
Westfield
are
the
same
conditions
applying
to
all
of
the
homeowners
in
the
subdivision.
I
Second,
there
are
also
no
exceptional
or
extraordinary
circumstances
that
do
not
apply
to
all
of
the
property
owners.
Third
criterion:
a
literal
interpretation
would
not
deprive
the
applicant
of
rights
commonly
enjoyed
by
others.
However,
if
the
variance
is
granted,
it
would
give
a
right
to
her
or
to
that
property
not
enjoyed
by
any
of
the
other
property
owners
and
then,
finally,
in
response
to
criterion
number
four
at
this
point,
that
property
has
been
able
to
make
reasonable
use
of
the
property.
I
J
B
K
K
My
name
is
Kristin
Isley
and
I
live
on
the
south
side
and
and
representing
the
South
Side
community
association
tonight,
and
so
I
have
a
statement
that
the
executive
committee
has
reviewed
and
approved
and
requests
to
be
submitted
in
Athens,
it's
very
common
for
residents
to
spend
one
or
two
years
out
of
town
and
rent
their
homes.
While
they
are
gone,
we
support
this
practice
and
appreciate
the
possibility
that
a
homeowner
might
need
to
rent
to
two
unrelated
persons
since
the
situation
might
occur.
K
This
situation
should
be
time
limited,
not
open-ended
is
allowed
by
variance
to
grant
this
variance
would
create
a
precedent
that
could
potentially
cause
harm
to
neighborhood
properties.
Therefore,
we
request
of
the
you
deny
the
appeal
and
suggest
City
Council
consider
addressing
the
problem
with
legislation
that
allows
short
term
time
limited
non-renewable
permits
for
two
unrelated
renters.
L
Well,
my
name
is
Bojinka
Bishop
and
I
live
at
37
Westfield
place,
which
is
almost
directly
across
the
street
from
the
property
and
I.
Concur
with
what
my
neighbors
have
said:
I'm
gonna
speak
from
a
personal
perspective.
I
know
that
the
streets
are
very
narrow
and
parking
is
very
difficult
and
sometimes,
if
even
if
people
are
parked
on
the
street,
when
you're
backing
out
of
your
driveway,
it's
dangerous
and
it's
it's
risky
that
you
might
accidentally.
L
K
L
M
D
There
are
two
things
I'd
like
to
respond
to:
one
of
them
had
to
do
with
Southside
neighborhood
associations.
Recommendation
of
an
ordinance
change.
The
housing
code,
as
it
exists
today,
does
have
that
provision,
but
that
ability
to
have
someone
other
than
the
owner
living
a
property
is
done
without
a
permit
for
a
maximum
six
months.
So
there
is
a
section
in
there
that
says
it's,
not
a
rental.
D
Someone
can
essentially
house
it
for
you
for
six
months,
so
maybe
just
tweaking
that
little
section
of
the
housing
code
as
a
potential
to
make
that
time
period
more
than
six
months
and
another
thing
I'd
like
to
say
too,
is
if
Miss
Hanson
has
someone
house-sitting
for
her
right
now,
that's
not
a
problem.
That's
not
a
violation
of
law.
The
housing
code
says
that
you
can
have
someone
living
in
a
property,
but
you
do
so
at
your
own
risk
at
your
own
peril.
D
Until
you've
been
able
to
obtain
a
permit,
I
think
she's
showing
good
faith.
You
know
someone
is
living
there
to
try
to
obtain
the
proper
permits
and
again,
as
I
said,
she
could
have
somebody
just
coming
to
house
it.
For
up
to
six
months
and
rental,
permit
wouldn't
even
be
necessary,
but
we're
talking
about
a
more
extended
period
of
time
than
that.
Just
those
two
things:
people.
E
D
D
D
This
is
not
a
congested
area,
there's
not
a
whole
lot
of
traffic.
It's
a
dead-end
called
the
sac,
but
there
still
are
some
challenges
on
the
narrow
street
and
with
parking
allowed
on
one
side
to
get
out
of
out
of
some
of
the
driveway.
So
there
wasn't
a
variance
granted
to
answer
your
question
of
that
temporary
use,
just
an
understanding
that
the
parking
was
stacked.
H
D
We
use
the
term
a
lot
stacked
parking.
The
code
doesn't
say
stacked
parking.
What
it
says
is
that,
except
in
r1
and
r2
zoning
districts,
there
shall
be
adequate
provision
for
ingress
and
egress
to
all
parking
spaces.
So
that's
the
stacking
code.
Adequate
provision
for
ingress
and
egress
has
been
determined
to
be
the
ability
for
each
car
to
be
able
to
to
move
without
moving
one
other
car.
So
you
know
stacking
is
just
kind
of
the
term.
That's
been
attached
to
it.
It
has
to
do
technically.
L
E
D
I
D
I
think
another
thing
I
want
to
clarify,
maybe
just
for
miss
Bishop.
You
cannot
hear
a
request
for
a
temporary
use
tonight.
That
situation
arose
at
108
Grosvenor.
There
was
a
request
for
a
narrow
driveway
to
access
parking
spots.
There
was
some
discussion
then
about
well.
Could
you
lease
spot
somewhere
else,
the
next-door
neighbor
through
a
legal
petition,
because
the
board
had
said
that
they
thought
that
would
def
Knight,
that
that
would
probably
be
a
better
solution
than
having
a
real,
narrow,
driveway
at
a
very
small
backyard
parking
area?
D
That's
because
of
that
situation,
that's
already
come
up.
The
case
was
not
advertised
as
temporary
use
was
advertised
as
a
variance,
so
there's
the
possibility
of
vert
eyes
de
ghin,
because
the
arguments
are
going
to
be
different.
The
concerns
are
going
to
be
different.
The
situation
is
going
to
be
a
little
bit
different
and
legally
it.
It
can't
be
heard
tonight.
It
could
be
heard
at
the
next
meeting.
I.
F
G
B
J
Moved
we
found
variance
in
case
number
one
number:
six
Oh
3v
zone,
r3
located
30
Westfield
place,
Cecilia
Hansen's,
the
appellant
appellant
is
requesting
variances
from
section
23
point
11.
They
will
be
off
street
parking
requirements
to
permit
the
conversion
of
a
single-family
attached
dwelling
unit
to
rental
purposes
or
three
unrelated
persons.
D
The
original
application
that
was
in
your
packet
is
what
the
the
appeal
was
based
on
the
request
at
that
time
was
for
three
unrelated
persons
or
a
housekeeping
unit.
Miss
Hanson
has
proposed
in
her
letter
addressing
the
circumstances
that
she
would
rent
to.
Only
two,
so
I
think
in
this
case
would
be
two
instead
of
three,
although
just
so
you
know,
it
was
originally
advertised
as
three,
because
that's
what
the
original
refusal
was
based
on.
E
B
B
Nothing
in
the
property,
it's
actual
news
that
creates
a
Hanzo
okay,
exceptional
circumstances.
There
are
exceptional
or
extraordinary
circumstances
and
conditions
applying
to
the
property
in
question
or
to
the
intended
use
of
the
property
that
do
not
apply
generally
to
other
properties
or
classes
or
uses
in
the
same
zone.
B
Preservation
of
equal
property
rights.
Literal
interpretation
would
deprive
the
appellant
of
rights
commonly
enjoyed
by
others.
Granting
a
requested
variance
will
not
confer
only
havoc
on
any
special
privilege
that
is
denied
to
others.
No
minimum
variance.
The
variance
granted
is
the
minimum
variance
required
to
make
possible
the
reasonable
use
of
the
property.
B
Detriment
to
the
neighborhood
is
happy.
They
testified
to
that
number.
Six
is
not
of
a
general
nature,
the
condition
or
situation
of
the
specific
piece
of
property
or
the
intended
use
of
said
property
for
which
the
variance
is
sought
is
not
of
so
general.
A
return
to
nature
is
to
make
reasonably
practical
the
formulation
of
the
general
regulation,
and
that
has
been
spoken
to
that
I
believe
in
this
Bishop
and
I
mr.
Payson.
So.
C
J
J
C
B
C
B
D
The
same
lot
in
question
and
the
board
heard
a
request
at
the
last
meeting
that
was
denied
you
have
a
new
drawing
that
shows
a
new
footprint
of
a
house,
that's
different
than
the
one
that
was
proposed
to
last
year
that
new
footprint
did
not
require
a
variance
for
maximum
effect.
As
a
matter
of
fact,
the
proposed
footprint
of
628
square
feet
is
a
coverage
of
only
23%
of
this
very
small
lot.
D
D
On
the
new
drawing
that
you
have
what
this
came
from
was
mr.
Snedeker,
who
is
the
son
of
the
owner,
went
to
Keith
Andrews
at
the
metropolitan
Housing
Authority
and
got
a
set
of
plans
for
the
exact
same
house
that
was
built
next
door
by
the
Housing
Authority
in
additionally,
another
house
was
like
it
right
down
the
street
and
one
behind
it
on
West
Washington
Street.
So
this
would,
if
construct,
would
be
the
fourth
house
of
the
same
type
of
construction.
D
D
Additionally,
the
drawing
that
you
have
with
this
proposal.
What
mr.
Snedeker
and
I
did
was
essentially
take
a
footprint
of
the
of
the
house
at
Metropolitan
housing
built
and
positioned
it
on
the
lot
to
try
to
minimize
everything
as
much
as
possible.
But
what
I
would
like
to
say
is
to
indicate
that
on
this
drawing
you
can
see
a
footprint
of
another
building
at
the
time
that
house
was
constructed
next
door
by
the
metropolitan
Housing
Authority.
D
D
D
Mr.
goals
need
asked
at
the
last
meeting
how
close
the
the
other
house
would
be
compared
to
the
one
next
door
and
I
actually
spoke
with
that,
really
remembering
the
situation,
because
I
suppose
some
would
wonder
by
looking
at
this
drawing
how
was
the
Housing
Authority
able
to
build
a
house
in
the
front
setback
without
a
variance.
D
The
reason
that
they
were
was
because
this
house
did
exist
at
that
time
in
a
house
down
the
street
that
exists.
The
house
I
mean
the
Zulu
code
says
that
if
you're
building
between
to
improved
Lots,
where
the
front
setback
is
non-compliant,
you
can
build
as
close
to
the
street
as
the
house
that's
the
least
non-conforming.
So
that
was
the
case
and
that's
why
the
housing
authority
was
issued
a
permit
without
a
variance
to
get
their
house
that
closed.
D
In
the
meantime,
I
mean
the
existence
of
the
old
snedecker
house
actually
helped
the
Housing
Authority
in
this
case,
there's
no
one
up
the
hill,
there's
nobody
to
put
mr.
Snedeker
between
so
to
kind
of
answer
to
really
more
clarify
the
question.
You'd
ask
mr.
Goel
the
last
meeting
and
related
to
this
proposed
house.
It
will
be
exactly
the
same
distance
off
the
street,
actually
two
feet
further
back
than
the
house
next
door.
D
There's
a
very
in
the
pact
of
information.
I
gave
you
there's
a
very
large
and
unusual
right
away
on
West,
8th,
Street
I
think
it's
70
feet
wide.
So
you
know,
there's
probably
only
20
28
feet
of
pavement,
because
there's
parking
and
two-way
traffic
we've
gone
up
and
down
that
hill.
It's
a
little
hard
to
pass
with
the
parking
too
so
there's
an
unusually
large
amount
of
grassy
area
between
the
travel
service
of
the
road
curb
line
in
the
actual
property.
So
that's.
Why
there's
this
large
area?
D
D
Said
that
was
measured
from
this
curb
line.
That
house
is
much
further
back
from
25
feet.
So
it's
all.
It's
all.
It's
a
relationship
between
the
property
line,
which
is
actually
shared
with
the
public
right
and
in
some
cases
those
rad
ways
are
very
narrow
type.
In
the
case
of
Westfield,
it's
40
feet
in
the
case
of
West,
8th
Street
at
70,
feet,
I.
D
Think
again,
as
I
mentioned
mr.
Snedeker,
you
know
the
request.
Last
time
was
a
lot
coverage,
variance,
there's
not
a
request
for
it.
This
time
it's
not
going
to
go
any
closer
to
the
street,
to
the
adjoining
house
right
next
door
and
by
removing
the
porch
off
the
back
he's
done
the
best
that
he
can
to
maintain
as
much
open
space
I'm
at
the
rear
as
possible,
and
just
one
other
thing
I'd
like
to
say
hopefully
in
the
pack
of
information
you
got.
D
N
B
F
J
O
A
while
three
Mary
Street
and
they
rebus
in
general
I
think
this
is
a
good
use
of
property.
It's
a
smaller
request
than
last
time.
Obviously,
in
both
footprint,
as
well
as
much
coverage
and
affecting
droplet
variance
out
and
there's
also,
a
measurement
has
been
dropped
down,
and
this
is
why
I
worry
about
getting
hit
by
another
car.
O
But
then
I
don't
haven't
heard
anything
about
trial
widens
east/west,
State
Street
at
this
time,
but
you
never
can
tell
city,
since
it
is
a
traffic
problem
as
you've
gone
up
and
down,
you
know
half-day
from
Java,
but
other
than
that,
and
it's
somebody
I'm
super
thetic,
because
my
life
basically
is
is
50
feet
deep
and
the
corner
feet
wide.
So
if
I
ever
have
my
house
burned
down,
I
got
the
same
coffee
thanks.
P
B
P
My
name
is
John
Thorndike.
My
address
is
30
no
34
MacDougall
Road
in
Athens
and
I
own,
a
house
on
West
Washington,
which
is
just
down
the
alley
there
actually
I'm
one
house
away
above
me
as
a
house
is
be
owned
by
the
pro
Coast
family,
I'm,
not
sure
what
state
that's
in
now.
It's
well
I
know
it's
not
rented
and
something
will
probably
happen
to
that
house.
So
I'm,
actually
not
right
next
to
this
house.
P
But
my
concern
is
that,
although
this
is
a
West
washing
a
West,
State
Street
address
this
really
no
access
to
that
alleyway,
no
effective
address
from
West
State.
No
one
ever
goes
over
that
it's
too
steep,
that's
just
an
extreme
drop
and
not
even
sure
what
I'm
asking
here
or
I'd
like
to
point
out
that
the
I'm
sure
that
this,
the
access
to
this
I'm
assuming
we've
come
off
of
West
Washington
and
that's
an
extremely
narrow
alleyway,
which
does
go
about
five
feet
from
the
house
that
I
own
there.
P
N
N
N
P
Sure
what
to
say
except
I,
don't
like
it
but
I
mean
I
actually
don't
mean
to
speak
against
the
project.
Basically,
but
I
am
concerned
about
that
I
representing
that
could
be
done
about
having
access.
You
know
it's
a
West
Washington,
so
West
8th
Street
address.
Can
there
be
some
access
off
of
the
west
state,
so
the
alleyways
not
used
it.
So
it's
really
a
tiny
alleyway
and
that
would
be
a
couple
of
houses
that
would
be
using
that.
N
P
D
D
As
a
matter
of
fact,
right
down
the
street,
the
two
Housing
Authority
houses
that
are
back
to
back
are
situated
exactly
on
the
same
type
of
narrow
ten-foot-wide
alley.
Both
those
properties
parked
behind
the
structure.
They
don't
have
their
own
driveways,
so
they
use
the
next
alley
down
to
access
parking
in
the
rear.
I
talked
to
mr.
Snedeker
about
how
he'd
like
to
get
to
the
parking
I
mean
it'll
be
kind
of
nice
if
he
had
an
option
to
come
in
further
down
the
street.
D
To
have
a
driveway
that
came
in
off
state
came
all
the
way
around
and
went
out
to
the
alley,
but
again
until
that's
reviewed,
an
application
is
received
for
that
service.
Safety
Director
has
he's
the
one
that
that
acts
on
those
the
house
right
next
door,
it's
hard
to
get
in
and
out
of
that
driveway.
But
you
know
the
city
recently
went
through
a
pretty
long,
lengthy
and
very
costly.
D
In
the
end
situation
related
to
access
the
properties
of
Dairy
Queen
site,
and
even
though
they
even
have
multiple
access
points,
the
city
was
not
permitted
to
keep
them
from
using
even
a
third
or
a
fourth
access.
Absent
point
access
point.
So
just
so
you
know
administratively,
we
always
look
at
the
entire
condition.
We
try
to
make
decisions
that
are
the
sacred,
have
the
public
interest
in
mind,
but
also
commit
grab
the
property
owners
to
exercise
their
right
to
use
the
property
unreasonable
manner.
J
D
There
are
other
members
you're
climbing
the
hill,
some
climbing
the
hill,
probably
just
at
where
Arts
West
property
ends,
there's
no
parking
up
at
that
end
and
then
parking
is
permitted
down.
Quite
a
lengthy
bit
of
that
Street
I
believe
there
is
parking
permitted
on
the
high
side
or
the
north
side
of
the
street
right
there
and
again
the
house
next
door.
D
It
would
have
been
nice
if
there
was
a
different
way
to
access
that
property
and
then
they'd
have
a
driveway
that
came
right
out
there
with
parking
fairly
narrow
street
fairly
steep,
quite
a
bit
of
traffic.
But
in
that
particular
case
there
was
no
other
option
in
the
case,
because
I
mentioned
right
down
the
street
same
type
houses
same
alley
situation,
no
additional
driveway
was
permitted
to
accessing
in
Washington
or
state.
The
access
was
in
off
the
alley.
So
if
we
follow
that
example,
more
than
likely
if
mr.
D
Snedeker
asked
for
a
driveway
onto
on
to
West,
8th
Street
he'd
be
denied
because
he
had
a
reasonable
access
and
a
safer
place
off
the
alley.
Now,
as
I
mentioned
at
the
last
meeting,
the
condition
of
that
alley
is
something
that
the
street
department
has
to
look
at.
They
have
dollars
to
maintain
or
upgrade
or
improve
existing
streets.
That's
always
you
know
the.
D
On
how
long
the
driveway
is,
for
example,
if
you
had
that
loop
driveway,
you
could
probably
park
six
cars.
That
would
include
two
underneath
in
the
basement
area.
That's
one
difference
the
the
previous
one
that
you
heard
had
a
case.
You
heard
he
had
a
garage
that
came
in
right
off
the
alley.
In
this
case,
mr.
Stanek
are
moving.
The
house
further
to
the
street,
had
the
opportunity
to
put
the
driveway
in
the
parking
and
off
the
rear.
Rather
than
have
it
come
right
straight
off.
You
know.
D
Just
again,
to
kind
of
reiterate
what
I
said
in
the
first
case,
parking
the
configuration
of
parking
zone
driven
and
not
youth
driven.
Now
this
is
the
same
type
of
use,
but
in
our
one
in
our
two
zones
you
could
you
can
have
just
a
long
driveway
in
every
car.
You
know
the
first
car
traps,
the
other
to
end
or
the
other
three
or
four
or
however
long
your
driveway
is
so
mr.
Snedeker
was
hoping.
You
know
that
this
would.
D
The
building
is
the
only
thing
that's
considered
in
the
setback,
not
pavement
or
parking,
or
anything
like
that.
The
only
thing
that
the
code
says
is
that
you
can't
establish
an
area
for
parking
within
12
feet
of
a
residential
structure
on
the
jointing
lot,
so
this
will
be
much
further
away
than
that
ten
foot
minimum
that's
required.
I.
J
B
J
D
D
No,
no,
what
were
you
advertised
for
certain
setbacks?
It
has
to
be
in
that
footprint
that
building
or
smaller
than
that
in
times
past
a
lot
of
times
when
the
board
had
concerns
about
such
things
as
that
I've
noticed
that
historically,
they
used
to
say
in
substantial
compliance
with
the
plans
is
presented
for
in
substantial
conformance
with
the
plans.
So
you
could
tag
that
statement
on
or
or
amend
your
motion
to
say
in
substantial
conformance
with
the
plans
are
submitted.
If
you
had
some
doubts
about
you
know,
could
it
move
around
what
a
move
around.
B
E
K
J
181
I'm
sorry
West,
8th,
Street
sonar
1jz,
snedecker
appellant
appellant
is
requesting
a
variance
from
section
23
11
table
a
schedule
of
bulk
controls
to
permit
construction
of
a
single-family
dwelling
unit
with
a
front
yard.
Setback
of
2
foot
where
25
feet
is
the
permitted
minimum
and
a
rear
yard
setback
of
16
feet.
Where
30
feet
is
that
permitted
minimum.
J
B
So,
let's
look
at
the
findings.
Number
one
is
practical
difficulty
and
hardship
because
of
exceptional
or
extraordinary
circumstances
or
conditions
pertaining
to
a
specific
piece
of
property.
The
littoral
enforcement
of
these
regulations
will
result
in
practical
difficulty
or
undue
hardship.
It
is
unnecessary
to
the
achievement
of
other
purposes.
We
said.
B
And
drops
down
the
hill
and
so
forth:
okay,
exceptional
circumstances,
they're,
exceptional
or
extraordinary
circumstances
of
conditions
applying
to
the
property
in
question
or
to
the
intended
use
of
the
property
that
do
not
apply
generally
to
other
properties
or
classes
or
uses
in
the
same
zone.
It's.
F
B
Smallest
preservation
of
equal
property
rights,
liberal
interpretation
of
the
regulations
would
deprive
the
appellant
of
rights
commonly
enjoyed
by
others
in
the
same
zone
and
the
same
vicinity,
while
granting
of
the
requested
variants
will
not
confer
on
the
appellant
any
special
privilege,
that's
denied
to
others.
No.
B
B
C
B
You
authorizing
of
such
a
variance
will
not
be
of
substantial
detriment
to
adjacent
property
and
will
not
materially
impair
the
purposes
of
the
zoning
code
or
the
public
interest.
Think
so
not
at
the
general
nature.
The
condition
or
situation
of
the
specific
property
boy
choose
is
not
of
so
general
or
a
current
in
nature
is
to
make
reasonably
practicable
the
formulation
of
a
general
regulation
for
such
condition
or
situation.
No.
B
D
J
C
J
B
F
B
Now
we
are
ready
to
hear
case
Oh
605
B,
which
is
316
Carroll
Road.
The
appellant
has
done
Linder.
He
is
asking
for
a
variance
from
section
23
11
tabled
a
schedule
of
all
controls
to
permit
construction
of
a
single-family
dwelling
unit
with
a
cut
guard
setback
of
17
feet
where
25
feet
is
the
permitted
minimum.
So
mister.
D
D
There's
documentation
that
when
the
Planning
Commission
looked
at
that
they
essentially
said
they
didn't
have
any
problem
with
the
Zoning
Board
granting
any
variances
it
requested
for
setback,
I'm,
gonna,
actually
in
case
number
99
17,
V,
312,
Carroll,
Road,
David's,
turquoise
appellant.
The
board
did
grant
a
variance
with
construction
of
a
single-family
dwelling
with
a
front
setback
of
no
less
than
18
feet.
Now
that
particular
structure
was
built
and
is
there
right
now.
However,
mr.
stir
boys,
for
some
unknown
reasons,
didn't
essentially
cash
in
his
variance
and
build
his
house
closer
to
the
street.
D
D
There's
currently
construction
of
another
single-family
residence
fairly
close
by
right.
Now,
it's
the
distance
that
it
is
off.
The
road
is
based
on
a
different
type
of
site
development
technique.
Then
mr.
Linder
wants
to
use
and
I
think
I'll.
Let
him
probably
in
more
detail
describe
that
when
you
have
these
Lots
that
are
kind
of
shallow,
that
drop-offs
severely
because
of
their
shallowness.
A
lot
itself
is
very
deep.
He
goes
way
back
into
the
woods.
D
Mr.
lenders,
proposing
and
he'll
give
you
more
detail
on
a
different
type
of
technique.
Where
he's
just
building
a
retaining
wall
in
the
back
and
essentially
the
fill
will
only
go
up
to
the
retaining
wall.
So
you
don't
have
all
that
new
soil
and
earth
disturbing
activity
going
on
to
build
the
side
up
so
he's
just
approaching
the
situation's
a
little
differently
than
and
some
in
the
area
have.
But
again
it's
just
a
construction.
It's
a
design,
structural
technique.
E
D
I've
stated
this
a
couple
of
times
of
recent
tree:
Commission
meetings
and
I
have
at
the
board
to
that
whenever
and
I
won't
name
a
particular
person
or
a
particular
building.
But
someone
came
to
the
board
several
years
ago,
asking
for
a
parking
variance
and
their
building
was
actually
under
construction.
The
plans
approved
by
the
state
of
Ohio
Department
of
construction
compliance
who
has
building
permit
juris
diction
the
city,
is
a
zoning
department.
We
have
a
zoning
department,
not
a
building
department.
D
We
issue
zoning
certificates,
not
building
permits
I
requested
a
law
director's
office
to
prosecute
this
individual
for
starting
construction
without
a
zoning
permit,
and
there
was
consideration
for
the
parkings
two
or
three
different
appearances
before
the
board
when
I
finally
got
the
Municipal
Court.
The
municipal
court
judge
was
convinced
by
this
person's
attorney
that
zoning
had
to
do
with
use
and
didn't
have
to
do
with
building
the
proper
building
permits
had
been
obtained
and
therefore
there
was
no
violation
of
a
building
code.
D
The
zoning
code
having
to
do
with
use
could
not
be
violated
until
it
was
actually
use
of
the
property
store
at
the
time.
Our
local
municipal
court
judge
said
that
I
was.
We
had
improperly
filed
charges
against
this
particular
individual.
So
to
answer
your
question
until
the
house
would
actually
a
key
would
be
turned
over
and
the
building
be
occupied,
there's
no
violation
according
to
our
a
compa
Court
decision
several
years
ago,
so
you
can
go
out
there
and
do
just
about
anything.
You
want
at
your
own
risk.
J
J
Q
stir
boys,
that
is,
the
Planning
Commission's
intent
to
request
that,
if
such
a
variance
is
requested
for
setback
requirements
from
the
developer
or
a
future
property
owner
that
the
Zoning
Board
would
grant
the
variance
due
to
the
Planning
Commission's
action
on
this
case.
Obviously,
when
I'm
looking
at
this
I'm
thinking,
oh
gosh,
that's
a
pretty
good
chance
that
if
I
came
in
front
of
the
Board
of
Zoning
Appeals,
something
like
be
granted
a
variance.
Q
And
this
was
done
by
my
surveyor
and
engineering
firms,
which
indicates
really
the
exact
location
of
what
I'm
proposing
is
the
resonance
and,
as
you
can
see,
relative
to
the
newer
residents
on
the
left-hand
side,
which
is
312,
Cheryl
Road,
the
mum
first
breast
rest,
the
month
first
resident
that
the
left
side
of
my
proposed
residence
in
fact
does
line
up
with
their
residents
for
a
period
of
space
of
oh
I.
Don't
know
the
exact
dimension,
but
that
corner
lines
up
with
the
corner
of
their
house
approximately
or,
alas,.
J
Q
Side
hand:
side
of
my
house,
my
proposed
house
would
be
pretty
much
right
at
that
dotted
line
or
the
setback
requirement
and
then
in
the
middle
section
of
the
proposed
residence
is
where
there's
a
bump
out
of
a
proxy
or
four
feet.
So
the
center
section
of
the
house
bumps
out
that
amount
and
then
the
garage
section
is
really
where
I'm
asking
for
these
six.
Q
Amount-
and
that
is
sit
so
far
from
the
older
residents
to
the
right-hand
side-
approximately
seventy
feet
that
in
fact
it's
my
opinion.
This
really
has
little
no
impact
because
there's
enough
green
space
and
terrain
change
there,
that,
albeit
yes,
it
will
stick
forward
of
that.
It's
it's
gonna,
add
a
little,
no
impact
on
that
on
the
neighbors
period.
Q
He
was
afraid
that
no
gosh
we
might
put
a
double-wide
in
it
or
something
else
and
I
assure
them
that
our
residence
was
going
to
be
of
equal
value
to
the
neighborhood
and,
in
fact
enhance
that
lot
in
that
area
with
value
and
then
same
with
the
mufflers
to
the
left
of
the
house.
They
had
similar
concerns
of
both
value
and
where
was
the
house
going
to
sit
and
I
spoke
to
mr.
and
mrs.
Q
Mumford
two
days
ago
and
I
said
that
if
you
did
have
concerns,
certainly
you're
welcome
to
address
those
here
tonight
and
I'll
see
her
here
tonight.
I
would
imagine
that
she
she,
if
she
has
objections,
she's,
certainly
not
airing-
that
certainly
the
circumstances
from
standpoint
of
construction
and
then
a
reason
why
I'm
building
a
retaining
wall
there
is
because
I
think
I'm
following
good
construction
techniques.
You
both
put
a
retaining
wall
in
to
resist
any
possible
movement
of
the
soil
and
also
create
a
backyard,
albeit
small,
for
the
residents
that
were
proposed
in
the
bill.
Q
Also,
it's
pretty
much
common
knowledge
in
the
building
industry
that
you
prefer
not
to
build
on
Phil
I
mean
that's
just
preference
and
has
nothing
to
be
filmed
back
there
at
all
yeah.
Okay.
There
was,
in
fact
mr.
stir
boys
back
in
1999
I
believe
when
they
built
the
house
next
door
wasted
some
of
the
soil
on
my
site.
So
there
is
a
little
bit
of
fill
there.
We
did
some
test
calls
and
found
out
where
it
was
how
much
it
was
and,
of
course,
that
it'll.
Q
It's
probably
100
tons,
at
least
so
we're
trying
to
really
state
where
the
rear
of
the
foundation
of
the
house
does
not
go
over
the
steep
part
of
the
hill
again
or,
in
my
opinion,
a
good
construction
practice
and
then
relating
to
a
ladder
that
a
mr.
Bob
Mulligan
reviewed
the
soil
types
in
that
those
four
lot
areas.
Of
course,
he
was
specific
to
I
think
it
was
a
lot
or
house.
Q
312
might
have
been
306
actually
but
really
ill
soils
of
similar
type
and-
and
he
made
a
comment
and
his
his
ladder,
which
I
think
is
goes
across
all
lines
of
good
construction
practices.
I
would
also
discourage
any
unnecessary
excavation
on
steeper
slopes
and
from
a
soil,
scientist
or
soil
engineering
perspective.
You
don't
want
to
put
a
building
on
a
steep
slope
if
you
can
avoid
it
so
again,
I'm
trying
to
follow
good
construction
practices
to
avoid
that.
Q
Just
a
one
general
comment,
as
probably
a
few
of
you
know,
I
had
been
a
independent
building
inspector
in
the
city
of
Athens
for
25
years
inspected
over
4,000
homes
and
I
have
probably
inspected
hundreds
of
homes
that
have
been
built
on
fill
and
in
proper
situations,
and
they
they
have
reoccurring
foundation
problems
and,
as
a
dedicated
builder
to
this
region,
I
don't
really
want
to
participate
in
building
houses
in
substandard
conditions
and
and
I
guess
the
rest
kind
of
speaks
for
itself.
And
if
you
have
any
questions
in
the
end.
J
Q
B
O
Q
Q
D
F
A
I
Q
Q
A
R
Q
If
I
went
over
that
gate
and
more
feet,
it
would
be
what
I
wouldn't
say
quite
20
feet
but
significant
to
be
able
to
get
down
to
where
I
can
actually
put
a
footer
in
where
my
retaining
wall
is
now
is
what,
in
my
belief,
is
the
stable
soil,
which
is
approximately
20
feet
from
20
feet
to
the
footer
to
the
top
of
the
hill
distancing
it
just
be
infeasible
to
have
a
20
foot
or
so
foundation
wall
on
a
residential
house.
Now.
P
J
Q
D
I
was
up
the
site
today
to
to
look
at
the
situation
and
did
have
the
discussion
with
mr.
Linder,
even
though
we
didn't
have
this
particular
drawing
and
I
didn't,
remember
it.
What
this
illustrates
the
area
right
here
next
to
the
residence
next
door,
that
corner
basically
lines
up
with
that
house
next
door.
The
trouble
with
the
zoning
code
is,
it
says
it
talks
about
any
member
of
a
structures,
listen
approaching,
so
it's
not
the
whole
front
of
the
building.
D
That's
in
crouch,
in
just
a
very
small
portion
of
the
living
area,
actually
is
an
attached
garage
falls
under
the
same
setback
requirements
as
a
principal
structure.
If
the
garage
is
attached,
you
look
at
the
whole
thing
a
garage.
If
it's
split
off
separately,
you
can
actually
be
pushed
as
close
as
five
feet,
can't
go
in
the
front
setback
which
can
go
as
close
as
five
feet
to
a
property
and
adjacent
property
on
the
side
or
on
a
rear
property
line.
D
The
distance
and
just
kind
of
acts
to
talk
about
it
again.
There's
a
it's
kind
of
like
a
little
ravine.
The
drops
off
in
between
it's
quite
a
distance
from
this
side
of
the
house
to
the
to
the
house
next
door
and
again
it's
just
the
garage
portion.
That's
sticking
way
out
there,
just
a
small
portion
of
the
living
areas
indicated
by
this
drawing
this
is
actually
in
the
setback.
But
again
there's
no.
F
Q
Comment:
I
know
the
question
was
asked:
well,
why
don't
you
build
the
foundation
where
you're
building
the
retaining
wall?
I,
don't
believe,
that's
good
construction
practice,
because
one
I
did
not
obtain
soil
information
on
that,
and
certainly
that's
not
required
for
a
retaining
wall,
and
certainly
that
is
my
risk
to
have
built
that
retaining
wall.
E
J
J
B
E
B
So
number
one
practical
difficulty
an
undue
hardship
because
of
exceptional
or
extraordinary
circumstances
and
conditions
pertaining
to
a
specific
piece
of
property.
A
liberal
enforcement
of
these
regulations
will
result
in
practical
difficulty
or
undue
hardship
that
is
unnecessary
to
the
achievement
of
public
purposes.
C
B
Preservation
of
equal
property
rights,
literal
interpretation
would
deprive
the
appellant
of
rights
commonly
enjoyed
by
others
in
the
same
zone
in
the
same
vicinity,
while
a
granting
of
the
requested
variance
will
not
confer
on
the
applicant
any
special
privilege
that
is
denied
to
other
properties.
Innocent.
J
B
B
B
B
O
Q
J
B
H
B
D
Where
this
residence
is
located
is
in
a
subdivision
called
Blackburn
woods,
which
the
developers,
mr.
Tom
loved,
all
and
he's
currently
the
owner
of
all
the
Lots
in
the
subdivision.
This
is
the
first
house
being
constructed
in
the
area,
so
there's
no
NIT,
there's
no
neighbors
there,
including
the
pack
of
information
that
you
had,
was
a
plat
copy.
The
plat
of
the
subdivision
clearly
indicating
the
25
foot
setback
line
on
the
class,
so
not
only
is
the
right
away
indicated
that
line
is
on
it.
D
F
D
D
It
illustrates
the
portion,
that's
encroaching
in
the
25
feet.
Mr.
love
dell
probably
can
explain
better
than
I
how
it
was
determined
where
the
initial
excavation
for
the
basement
was
going
to
take
place.
You
know
I'm
sure
if
he
knew
he
just
needed
to
move
back
just
a
few
feet.
That
would
have
happened
with
that
initial
excavation
for
the
basement,
but
what
was
discovered
when
they
actually
went
to
build
the
porch
on
the
front?
There
was
this
small.
D
There's
quite
a
bit
of
pavement
on
cul-de-sacs.
The
city
requires
a
50-foot
radius
on
the
right-of-way
area.
The
fire
chief
requires
an
80-foot
paved
area
or
forty
foot
radius
80
feet
of
pavement
across
a
cul-de-sac,
so
city
of
Athens
probably
won
a
few
places
around.
Where
you
can.
You
know
land
a
jet
on
the
end
of
some
of
these
cul-de-sacs
they're
huge,
so
there's
only
10
feet,
10
feet
of
grass
behind
the
curb
line,
that's
in
the
public
right
away.
B
D
B
R
Name
is
Tom
love,
tall,
I'm,
the
developer
of
Blackburn,
with
seven
digits
and
also
the
Builder
of
the
house,
and
put
a
mark
each
way
and
I
guess
in
many
ways,
I
find
myself
was
founded
to
be
here
tonight,
having
gone
through
several
years
of
review,
to
get
the
subdivision
approved,
constructed
without
a
variance
and
then
have
to
ask
for
a
variance
for
the
simple
porch
on
the
house.
I.
Don't
really
have
a
good
explanation
as
to
how
we
missed
this
particular
setback.
R
We
did
have
surveyors
come
in
and
they
pinned
the
corners
and
lots
lines
for
us.
We
thought
we
had
the
house
substantially
set
back
so
that
the
porch
would
not
approach
in
the
cockpit
required
setback.
Part
of
it
may
be
due
to
this
is
the
confusion
of
the
general
construction.
There.
A
couple
of
our
monuments
were
upset
during
the
construction
and
we
thought
we
had
reconstructed
them
properly,
but
obviously
missed
a
couple
of
feet.
R
We
looked
at
this
house
once
we
realized,
we
had
made
an
error
and
the
setback
we
looked
at
versions
of
the
house
with
out
the
porch
and
a
note
I
think
mr.
Pierson
went
up
there
this
afternoon.
I
don't
know
if
others
of
you
have
seen
the
house,
but
it
has
a
rather
large
elevation
and
have
a
porch
on
this
particular
house.
As
a
key
architectural
details,
it
breaks
up
the
facade.
R
In
addition,
we
have
spent
you
know
hundreds
of
thousands
of
dollars
creating
this
neighborhood
in
Athens,
and
we
really
do
want
it
to
be
a
true
neighborhood.
We
have
guidelines
for
features
on
the
houses
that
are
to
be
constructed
there
and
one
of
those
is
a
minimum
of
six
feet
or
usable
front
porch,
and
we
feel
that
this
is
really
important
for
neighbors
to
have
a
place
to
congregate
and
visit,
and
things
like
that.
R
R
35
feet:
the
house
is
a
little
over
38
feet
off
the
curb
and
the
porch.
The
dimensions
are
shown
here
are
to
the
overhang
of
the
porch,
not
the
porch
itself.
So
there
the
overhang
is
a
good
foot
or
so
so
the
you
know
three
point
four
feet
or
whatever
is
actually
reduced
at
two
point,
four
on
the
actual
Stuart.
If.
R
End
would
like
to
have
to
it
would
like
two
years
ago,
and
we
have
looked
at
the
adjoining
lots
and
I
will
build
the
houses
on
those
two
and
there
are
have
completely
different
geography
and
topography.
So
we
won't
have
one
of
these
lineup
questions.
Where
we'll
have
you
know,
one
house
sticking
out
a
few
feet
more.
R
There's
also
a
practical
issue
here:
I,
don't
know
mr.
Brewster
perhaps
can
identify
with
this,
but
we
have
made
it
a
practice
to
build
porches
and
protect
all
our
entries.
Over
the
many
years
we've
been
in
business,
we've
done
probably
work
on.
There
were
two
older
houses
and
actually
on
one
or
two
that
we
built
some
15
20
years
ago,
we
have
recurrent
problems
with
doors
that
are
not
protected.
It's
almost
a
guaranteed
homeowners
nightmare
down
the
road.
You
know
with
brought
things
like
that.
E
O
Author
Mary
Street,
just
Paul
wah
through
Mira
street
in
general,
comment
our
against
as
a
former
Zoning
Board
person
I've
seen
this
happen
before
I
think
you
have
to
I'm
kind
of
surprised
that,
with
all
the
work
and
hundreds
of
thousand
dollars
that
go
into
this
at
the
calculations
of
a
circle
or
the
radius
can't
be
done
well,
I
think
you
saw
the
Sun.
Was
it
for
work
or
maybe
and
then
I
think
you
saw
a
turtle
run
one
time,
I
think
he'll
keep
saying
it
until
Sunday.
J
B
D
D
If
you
looked
on
the
drawing
whenever
a
subdivision
is
approved
and
plaited
out,
it
has
a
lot
numbers
on
it
and
what
city
has
to
do
is
go
back
through
and
do
address
assignments
and
there's
a
administrative
process
that
we
go
through
and
do
that
when
we
numbered
the
Lots
in
Blackburn
woods.
This
particular
lot
came
up,
13
Larson's
way
and
mr.
love,
Dale
called
me
up.
D
B
D
C
F
C
A
motion
to
grant
a
variance
in
case
oh
6,
of
7b
13,
Larson,
white
omelet,
Dahle
appellant
appellant,
is
requesting
a
variance
from
section
23
point
11
table
a
schedule
of
bold
controls
to
permit
the
addition
of
a
front
porch
to
a
single-family
residential
structure
with
a
front
yard.
Setback
of
20
1.41
feet
where
25
feet
is
permitted
minimum
site.
Q
F
J
B
R
I
know
one
of
the
key
issues
you
talked
about
in
the
findings
is
the
hardship
component
of
it
and
it's
hard
to
say
you
know
what
the
hardship
is
here.
You
obviously
have
hundreds
of
thousands
of
dollars
at
stake
and
we
obviously
would
like
to
have
an
attractive
subdivision
and
kick
this
thing
off
from
a
very
positive
note.
R
R
B
You,
okay,
let's
get
back
into
our
right
order
here
and
look
at
the
findings.
Okay
is
aircraft,
so
difficulty
and
undue
hardship
because
of
exceptional
or
extraordinary
circumstances
and
conditions,
the
littoral
enforcement
of
the
regulations,
the
result
and
practical
difficulty
or
quantity
of
hardship
that
is
unnecessary
to
the
achievement
of.
C
J
F
B
F
B
B
B
F
J
B
So
you
might
say
that
the
exceptional
circumstance
here
is
that
one
they're,
not
any
other
houses
there
at
the
moment
and
they're
not
going
to
be
in
a
straight
line.
So
working
on
a
circle,
presents
a
different
set
of
circumstances,
preservation
of
equal
property
rights.
Literal
interpretation
would
deprive
the
appellant
of
rights
commonly
enjoyed
by
others
in
the
same
sound
and
sing
the
sanity,
while
granting
of
the
requested
variants,
will
not
confer
on
the
applicant
any
special
privilege
that
is
denied
to
other
properties
in
the
same
sound
unless.
E
E
B
E
E
J
N
R
B
J
B
C
B
B
A
F
J
B
B
I
have
one
comment
that
I
don't
know
what
it
means
on
page
two,
the
third
paragraph.
It
says
the
Board
considered,
which
possible
appellant
to
give
first
and
decided
to
he
and
mr.
dark
date.
First
I
think.
Actually
what
we
decided
was
that
it
wasn't
a
matter
of
first,
but
that
we
could
only
give
one
case
in
this
situation
and-
and
we
did
decide
that
it
was
mr.
Dority,
but
not
that
we
were
going
to
he
delayed
them
against
each
other
or
via
one.
F
B
I
was
just
trying
to
make
the
point
that
night
that
was
worth
an
ADEA
one
have
to
be
doing
okay
and
then
on
page
three
sort
of
in
the
last
quarter
of
the
page
and
the
paragraph
that
starts
the
Zoning
Administrator
it
began.
At
the
end
of
that
paragraph
says:
the
Zoning
Administrator
noted
that
the
eight
hundred
square
foot
footprint
okay.
My
question
is
later
on.
When
we
get
to
the
emotion
at
the
end
of
the
findings,
it
said
that
mr.
grocer
suggested
that
he
come.
Oh
no,
mrs.
hollow
suggested.
B
B
B
D
E
E
E
D
It
has
to
be
an
open
meeting.
You
can't
have
a
number
that
has
to
be
announced
at
least
that
far
in
advance.
You
couldn't
consider
a
case.
Let
me
give
you
an
example
when
that
might
happen.
I'm
early
on
the
zoning
code
that
talks
about
the
Board
of
Zoning
in
your
section,
the
Board
of
Zoning
Appeals,
can
call
upon
any
any
City
Department
function
per
and
whatever
to
give
testimony
say.
For
example,
you
you
need
some
information
from
the
sewer
department
and
they
can't
come
tonight.
You
could
call
special
meeting
to
take
their
testimony.
D
I
think
that
would
be
an
example
of
that
you
couldn't
make
the
decision
right,
then
that
would
be
the
opportunity
to
get
that
information
out
of
more
convenient
time.
You
know
that
would
be
outside.
Of
that.
I
can
see
special
meetings,
probably
only
taking
place
after
you
started
hearing
the
case.
You
do
have
the
ability
to
take
I
believe
it's
up
to
60
days
to
make
a
decision.
Remember
the
exact
number,
but
even
though
the
board
makes
decisions
normally
the
same.
Ninth
cases
are
heard.
You
do
have
the
opportunity
to
extend
that
time.
E
D
D
D
D
Right
you
can
I
can
do
that
rotation.
What
happened?
Wasn't
a
revision
of
the
zoning
code
in
2003
Zoni
inspector?
Has
the
idea
attached
to
it
I'm
going
out,
and
you
know
and
work
closing
blue
jeans
every
day,
looking
at
things
where
I
wish
I
had
more
opportunity
to
view
that
and
I
look
forward
to
doing
that
when
the
city
planner
finally
arrives
and
can
take
over
some
of
these.
J
D
D
B
B
D
J
D
D
We
have
this
five
minute
limit
and
it's
a
little
different
perspective,
I
think
when
you're
you're
in
charge
of
running
the
meeting,
it's
a
good
opportunity,
I
think
for
everyone
to
take
a
chance,
but
I
just
need
somebody's
name,
and
so
I
don't
have
to
change
my
forms.
If
you
have
a
name
and
nomination,
if
unanimously
approved,
I'll
continue.
D
Again,
I
believe
so
miss
Iowa's
term
miss
rhetorics
term.
Both
expired
I
did
we
just
receive
a
document
where
you
sign
to
continue
to
be
a
member
and
we're
endorsed
by
counsel.
I
talked
to
the
mayor
and
I'm
I'm,
not
sure
why
I
don't
have
that
same
document
from
the
threat
of
a
problem
because
she's
not
that
your
country.
So
as
far
as
I
know,
Council
has
confirmed
every
mayor
the
mayor's
nomination
and
we're
just
awaiting
her
return
for
her
signature
on
that
document.