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From YouTube: Board of Zoning Appeals Meeting 01-12-07
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A
This
is
a
meeting
of
the
Athens
Board
of
Zoning
Appeals.
This
time
it's
7
p.m.
the
date
is
January
12
2007.
Our
board
consists
of
five
members
and
two
alternates.
The
alternate
takes
full
part
in
discussions
of
the
board
and
becomes
a
voting
member
in
the
absence
or
conflict
of
interest
of
regular
member
present.
This
evening,
our
members
John
Gould
Z
Greg,
LaValle
Roger
cruiser
and
our
alternate
Hector
Florez
and
I
am
Muriel
Frederick.
The
chair
also
present
this
evening.
A
Our
Zoning
Administrator
Steve
Pearson
there
he
is
Paul
ash
and
Parker
are
acting
secretary
and
Michael
Miller
from
the
city
law
director's
office.
The
board
operates
according
to
following
procedure.
The
chair
will
name
and
describe
the
case.
The
Zoning
Administrator
will
slate
the
specifics
of
the
refusal
of
the
case.
A
The
appellant
or
a
representative
then
will
state
the
case
for
granting
the
appeal
testimony
next
will
be
taken
from
those
who
support
granting
the
appeal,
then
those
who
wish
to
speak
in
general
comment
and
those
who
support
denial
of
the
appeal
following
all
testimonies,
the
board
will
receive
concluding
remarks
from
the
appellant
discussion
from
the
floor.
Then
we'll
be
closed.
The
board
will
deliberate
and
render
a
decision
under
athens
city
code
23:07.
A
A
In
unless
the
boat
board
makes
specific
findings
effect,
based
directly
on
the
evidence
provided
to
it
that
each
and
every
one
of
the
following
six
criteria
are
met,
practical
difficulty
or
undue
hardship,
there
must
exist
practical
difficulty
or
an
undue
hardship
caused
by
exceptional
conditions
pertaining
to
the
specific
piece
of
property.
Next
exceptional
circumstances:
there
must
exist,
exceptional
circumstances
or
conditions
applying
to
the
property
or
its
intended
use
that
do
not
in
general,
apply
to
properties
in
the
same
zoning.
District
third
is
preservation
of
equal
property
rights.
A
It
must
be
determined
that
literal
interpretation
of
the
code
would
deprive
the
appellant
of
rights
commonly
enjoyed
by
others
in
the
same
vicinity,
while
granting
the
variance
would
not
convey
a
special
privilege.
The
fourth
is
minimum
variance.
It
must
be
determined
the
variances,
the
minimum
required
to
make
reasonable
use
of
the
property
number
five
absence
of
detriment.
A
It
must
be
determined
that
the
granting
of
the
variance
will
not
be
of
substantial
detriment
to
adjacent
properties,
nor
will
it
materially
impair
the
purposes
of
the
code
or
the
Public
Interest
and
last
not
of
a
general
nature
of
the
variance
sought
must
not
be
of
a
general
or
recurring
nature.
Such
the
situation
would
more
reasonably
be
handled
by
changing
the
law,
the
board,
okay,
any
person,
who's
aggrieved
by
decision
of
the
board.
They
file
an
appeal
to
the
Court
of
Common
Pleas.
A
Such
a
petition
must
be
filed
within
30
days
after
the
mailing
of
the
board's
resolution
to
the
appellant
tonight.
There
are
two
cases
on
the
agenda
is
number
0,
7,
1,
0,
v,
418
West,
8th
Street,
which
is
zoned
B,
3,
John,
Vaillant
or
and
Michael
Smeltzer
of
the
appellant
and
0
7
0
2
v
4
38
North
Court
Street,
which
is
zoned
b-two,
D
and
John,
Vaillant
or
and
Joe
Kraus
or
the
appellant.
The
board
is
required
by
law
to
take
testimony
under
oath
anyone
wishing
to
speak.
They
stand
to
be
sworn.
B
Name
is
Steve
Pearson,
amazonian
administrator
for
the
city
of
Athens
Ohio.
Each
of
you
should
have
received
a
packet
prior
to
the
meeting,
with
all
the
information
submitted
for
this
particular
appeal.
This
property
is
located
at
18
West,
8th,
Street
buts
in
the
first
block
on
the
north
side
of
state
between
court
and
Congress.
B
The
best
of
my
understanding
the
building
is
currently
occupied
with,
where
the
use
is
all
commercial,
should
have
a
copy
of
a
map
showing
the
zoning
district.
That's
in
b3,
so
to
b3
zoning
district,
drawing
indicating
where
residential
use
is
proposed
and
where
commercial
use
is
proposed,
and
you
should
have
the
items
or
arguments
in
support
of
the
variance.
It's
a
requirement
that
each
appellant
has
to
provide
a
list
of
answers
to
questions
that
the
code
requires.
B
The
reason
for
the
refusal
is
that
several
years
ago,
when
the
zoning
code
was
amended,
it
prohibited
starting
in
the
b2
zoning
district
residential
use
on
the
ground-floor.
Actually,
the
ordinance
says
residential
use
is
permitted
on
the
second
floor
and
above
only
in
this
particular
case,
as
illustrated,
hopefully
by
the
drawing
that
you
have.
It
was
supplied
by
mr.
B
balance
or
there's
just
a
small
site
plan
that
indicates
footprint
of
the
building
14
parking
spaces
next
to
the
building
and
then
another
larger,
drawing
that
shows
residential
use
on
the
rear
portion
of
the
ground-floor
and
commercial
use
on
the
front
portion.
So
this
is
not
a
request
to
have
residential
right
out
on
the
street.
It's
the
rear
portion
of
the
property.
B
It's
assumed
right
now
that
all
uses
the
parking
requirements
will
be
met
by
the
14
parking
spaces.
Parking
requirements
are
I,
believe
it's
one
for
every
300
square,
feet
of
floor
area,
commercial
use
and
one
for
each
resident
in
a
residential
use.
So
there
is
quite
a
bit
of
parking
here
which
is
a
little
different
situation.
A
lot
of
Uptown
properties
have
with
on-site
parking
and
I
suppose,
just
again
the
reason.
The
reason
for
the
appeal
is
that
residential
use
is
not
permitted
on
the
ground
for
floor
first
floor.
B
A
B
Years
ago,
I
received
calls
at
my
office
wanting
to
know
what
the
ordinance
was
in
Athens,
that
prohibited
residential
use
on
the
ground
floor
and
in
commercial
zones
and
really
the
only
thing
at
the
time
that
prohibited
that
was
parking.
A
lot
of
communities
are
concerned
because
of
their
downtown's,
essentially
being
left
vacant
that
that
previously
highly
prized
grab
for
commercial
use
was
being
abandoned
to
residential
use.
And
that's
that's
not
a
good
thing
to
have
happen
to
your
to
your
downtown
area.
B
Your
core
area,
but
as
growth
occurs
and
sprawl
occurs
a
lot
of
times.
Communities
have
their
old
downtown's,
essentially
evacuated,
and
there
is
always
and
then
the
potential
to
have
residential
use,
but
in
business
zones
the
highest
and
best
use
obviously
is
commercial,
but
there's
an
understanding
to
that
residential
or
mixed
use,
especially
in
downtown
areas,
keeps
it
vital.
It
keeps
it
moving
and
keeps
you
know
things
working
all
the
time.
So
when
the
code
was
revised,
they
just
what
council
did
was.
B
Right
and
as
you
look
at
the
especially
in
Athens,
that's
basically
how
everything
has
developed
there
are.
No,
there
are
a
couple
grandfathered
ground
floor,
uses
uptown,
but
just
two
and
they're
at
four
we're
they're,
not
right
on
Court,
Street
I
mean
imagine,
walking
court
or
any
other
business
zone
and
thinking
how
many
residential
uses
there
are
right
ground
floor.
There
are
not
very
many,
so
I
think
this
was
just
an
attempt
to
recognize
mixed
use
is
not
detrimental.
A
B
If
you
look
at
the
essentially
the
tax
plat,
the
area
of
land
involved,
the
building
essentially
runs
that
entire
depth
of
the
property
building
on
one
side
parking
all
along
the
side
on
the
other.
So
this
is
an
area
right
behind
it's
the
parking
lot
for
a
Christian
Church.
It's
there
in
the
corner
of
Congress
and
state.
B
A
D
I
think
that
you've
touched
on
a
couple
of
the
points
that
really
we're
trying
to
express
here
this
evening
in
terms
of
the
shape
of
the
building
in
the
shape
of
the
lot
or
one
of
the
reasons
we
are
asking
for
consideration
for
this
use.
Now,
I
have
I,
have
Groton
Illinois,
I,
think
a
little
even
more
detailed
drawings.
For
you
to
look
at.
D
As
stiva
alluded
to
in
his
presentation,
also,
the
building
is
long
and
narrow
and
I
think
we're
going
to
have
some
people
talk
about
the
difficulties
they've
had
in
past
in
terms
of
trying
to
fully
utilize
the
space
within
this
particular
structure
before
Mike
bought
it.
It
was
obviously
short
stacks
law
office
and
before
that
it
was
good
printer.
What
printer
had
very
little
need
for
public
action
or
activities
going
on?
They
used
the
front
portion
of
the
building.
D
You
look
at
some
of
the
photographs.
There
is
a
little
niche
at
the
very
back
portion
of
it,
which
really
helps
or
lends
to
creating
sort
of
a
a
small
environment
that
could
be
used
for
a
residential
type
access
that
would
not
I,
don't
think,
interfere
at
all
with
the
commercial
primary
use
of
this
building
and
I.
Don't
know
if
the
photographs
you
know
it
the
towards
there's
a
foot
technically
an
alley
right
behind
this
property
and
it
abuts
up
to
other
residential
uses.
D
D
The
designs
that
were
come
up
with
so
far
we're
trying
to
make
the
structural
work
not
as
a
linear
feeling
but
trying
to
make
when
you
walk
in
to
the
business,
to
make
it
feel
as
comfortable
and
spacious
as
possible,
which
is
a
little
bit
difficult.
Given
the
dimensions
of
this
I'd
like
just
to
go
through
the
findings
as
I
see
them
and
I'll
read
my
my
letter
that
I
wrote
to
the
design
board
and
my
reasoning
for
this
request.
D
The
granting
of
the
variance
will
not
be
detrimental
public
welfare.
The
residential
use
is
permitted
in
this
zone
and
would
constitute
would
not
constitute
a
modification
in
conflict
with
the
public
welfare
use
permitted
in
this
zone.
The
residential
use
is
an
approved
use
by
code
to
the
rear
of
the
property.
Our
existing
residential
functions
special
circumstances,
the
special
circumstances.
C
D
D
The
granting
of
this
variance
is
necessary
for
reasonable
use
of
the
structure.
Conversion
of
the
rear
section
to
residential
will
permit
productive
use
of
the
structure
and
really
help
the
economic
value
of
the
up
to
the
Uptown
area.
In
our
opinion,
the
residential
use
does
not
constitute
does
not
require
the
public
exposure
but
will
add
to
the
vitality
of
the
Uptown
district.
The
alterations
proposed
do
not
affect
the
quality
of
air
or
light
to
the
adjoining
properties.
D
No
extensions
are
proposed
to
the
existing
structure
will
be
working
completely
within
the
existing
framework
of
the
building,
and
special
privileges
will
not
be
conferred
on
this
property
that
are
denied
other
buildings
in
the
same
zone.
The
structure
will
not
change
in
its
commercial
exposure
to
West
State
Street
parking
is
available
on
the
property
for
the
residential
tenants,
as
well
as
the
commercial.
This
mixed-use
proposal
on
the
first
floor
will
make
the
proper
property
function
efficiently.
D
A
C
E
F
I'm,
the
former
owner
of
the
building
I,
had
my
law
practice
in
there
for
everything
plus
eight
years
and
I
agree
with
everything
that
John
has
said,
I'm
in
favor
of
converting
the
lease
the
back
portion
of
it.
The
residential
I
had
always
had
plans
to
do
the
same
thing,
but
because
I
would
happen
to
be
lucky
and
fortunate
enough
to
did
tenants
for
the
into
our
building.
F
Finding
someone
to
fill
that
space
and
in
fact
no
one
ever
did
take
it
over
my
law,
firm
downsized
and
we
I
was
successful
in
getting
Bill
Biddle
stone
and
one
of
his
young
associates
to
move
in
for
a
year
had
I
not
had
that
I
would
have
been
rattling
around
in
the
building
with
just
me
and
another
lawyer,
which
would
have
made
it
very
difficult
to
run
the
building.
So
I
experienced
over
my
seven
years
there
some
difficulty
renting
the
building
for
commercial
use
for
business
purposes.
Only
jon
is
absolutely
right.
F
Don
balón
for
is
absolutely
right
that
the
frontage
of
the
building
is
what's
important
because
that's
what
the
people
on
the
sidewalk
look
at
and
they
see
the
building
there
anything
past.
Those
first
two
offices
that
you
look
into
doesn't
really
matter
and
so
I
don't
see
how
converting
the
rest
of
the
building
to
residential
would
have
any
impact
on
the
business
aspects
of
this.
F
This
B
zone
so
I
think
that,
even
though
they're
not
asking
for
quite
that
much
for
residential,
what
they're
asking
for
does
not
in
any
way
deter
from
the
business
aspects
of
the
building.
It
also
makes
the
property
productive.
The
purpose
of
the
zoning
is
to
make
properties
productive,
makes
them
keep
their
value.
Converting
it
to
this
use
would
make
that
building
economical
would
make
that
building
more
viable.
Any
businesses
uptown
rely
and
require
on
having
residents,
people
that
are
nearby
to
use
them.
The
bars
need
people
to
drink.
F
You
know
alcohol,
the
restaurants
need
people
to
eat
the
card
shops
and
the
artifacts
places
need
people
to
buy
clothing.
If
you've
got
people
living
right
nearby,
obviously
they're
going
to
go
to
the
closest
places
to
get
their
stuff
whatever
they.
It
is
that
they
want
to
buy,
and
consequently
I,
don't
see
that
there's
an
inconsistency
with
converting
the
rear
part
of
the
building
to
residential,
because
it
provides
full
use
of
the
property
simultaneously
enhances
the
availability
of
purchasers
and
buying
power
in
the
downtown
section.
F
G
F
F
Smeltzer
I'm
here,
because
I'm,
a
former
owner
of
the
building
and
I'm,
fully
aware
of
its
history
by
the
way
prior
to
Bill,
but
in
Carroll,
but
only
the
building
and
having
a
not
the
quick
printer
is
something
else
with
a
printing
shop
and
a
card
shop
in
the
front
with
a
satellite
post
office
boxes
and
a
card
card
stock
store
before
that
it
was
the
gas
company
for
many
years
and
before
that
it
was
the
A&P
and
not
the
Kroger.
So
guy
is
wrong
on
that
one
anyhow,
it's
got.
F
It's
got
a
wonderful
tin
ceiling
and
part
of
it
there's
a
false
ceiling
in
the
building.
Now
above
that
is
about
three
or
four
feet
of
a
wonderful
tin
ceiling.
It's
a
grand
building
well
well
built
all
of
the
interior
walls
are
non.
Supporting
walls.
I
was
informed
by
mr.
volunteer
that
there
are
beams
across
it,
so
the
entire
space
down
in
the
bottoms
would
be
taken
out
and
reconfigured
anyway.
That
would
be
essential
to
keep
the
building
and
property
a
viable.
F
H
F
The
lawyers
that
rented
from
me
moved
out
I
cast
about
to
try
to
find
compatible
businesses
that
could
use
a
rent
space
from
me
so
that
I
could
fill
the
building.
You
know
to
get
rent
from
the
building
to
help
pay
for
its
maintenance.
I
had
a
lot
of
difficulty
doing
that
I
couldn't
find
anyone
that
was
willing
to
take
over
the
entire
building
at
that
time.
A
few
years
ago,
three
years
ago,
teams
was
looking
for
a
new
space.
F
Now
they
finally
found
the
place
over
on
Court
Street,
but
they
were
over
by
the
sewer
plant
if
you'll
remember
at
one
time
and
they
came
over,
but
there
was
way
too
much
space
to
use
and
they
needed
a
front
entrance
so
that
deal
fell
through
I
contacted
a
bunch
of
the
business
folks
and
lawyers
in
town
to
see
if
they
would
be
lying
to
rent
space.
For
me,
none
of
them
were
willing
to
rent
space.
F
They
wanted
to
use
the
front
entrance.
I
wanted
to
keep
the
front
entrance
from
my
law
firm
so
that
they
wouldn't
be
competing
with
me
for
my
business,
so
that
didn't
improve
itself
to
work
out
very
well.
There
were
no
other
businesses
that
that
contacted
me
during
the
three
years.
That
made
any
sense
you
have
to
remember:
I
had
to
have
a
business,
that's
compatible
with
the
law
business
I
couldn't
have
you
know,
you
know,
you
know
a
blacksmith
moved
in
there,
because
that
wouldn't
have
worked
out.
I.
F
F
They
were
looking
for
I,
believe
3
4,500
square
feet,
and
they
have
three
other
options
and
they
elected
to
go
with
one
of
the
other
options,
principally
because
of
that
unusual
configuration
of
the
building
so
I
think
that
the
points
raised
here
are
legitimate
points
and
I
think
they
warrant
you're.
Very
careful
consideration
all
right
anybody
else.
A
C
I
F
J
Mike
Smeltzer
14300
Colville
Ridge
in
Athens,
also
18
West,
State
Street.
Thank
you
all
for
coming
out
on
Friday
night
as
well
a
rainy
night
to
be
out
I.
Think
these
guys
kind
of
said,
reiterate
and
I
think
my
thoughts.
I
would
like
to
say
that
I
have
done
some
extensive
advertising
soliciting
things
that
are
compatible
with
my
business,
which
are
principally
attorneys
attorney
pas
and
mortgage
loan
origination.
J
I'm,
a
financial
adviser
I
do
wealth
management,
so
those
would
be
some
things
that
would
be
compatible
and
I've
not
had
a
nibble
nothing's
been
out
there
I've
been
working
with
the
property
manager
trying
to
fill
that
space
as
well,
so
I
think
that's
pretty
much.
All
I
can
add
other
than
feel
any
questions
that
you
all
might
have
for
me.
G
G
And
I
small
town
I
own
the
property
directly
behind
the
building
in
question.
Bob
Shaw
stock
was
just
here
before
rented
office
space
from
in
a
building
that
I
operated
prior
to
him
purchasing
in
that
building,
and
now
he's
back
in
another
building
that
I
operate.
So
I
was
very
fortunate
to
find
him
as
a
tenant,
as
they
were
saying.
Fighting
who
office
space
terraces
is
definitely
a
challenge,
but
it
is.
G
It's
looks
strong
in
Athens
that
mixed
use
is
what's
extremely
important
to
make
it
all
very
vibrant
when
I
first
saw
the
sheet
that
it
was
going
to
be
residential
on
the
first
floor
was
very
much
opposed
to
that.
That's
an
apartment,
complex,
that's
you
know,
I
would
be
very
much
against
taking
our
downtown
and
and
putting
first
floor
apartments
on
the
front.
It's
what
makes
living
on
Court
Street
on
the
second
floor
is
fun
and
exciting
is
all
the
retail
and
commercial
establishments.
G
On
the
first
floor,
however,
finding
out
that
it's
just
a
small
percentage
of
third
or
less
than
a
third
of
the
building
being
used
I'm,
very
supportive
of
that
and
I
will
be
here
in
the
next
few
days,
asking
for
the
same
same
variance
because
I
have
the
space
of
commercial
use
that
that
would
have
the
very
similar
characteristics.
Long
deep
building
back
is
not
being
well
utilized
and.
G
A
H
A
H
B
In
the
North
Block
Court
Street,
there
is
on
Court
Street
I'm,
only
aware
of
two
first-floor
residential
uses.
One
is
called
27
and
a
half
north
court,
27
North
Court,
has
has
subway
and
some
other
things
in
the
bottom
apartments
above
there
is
a
block
building
behind
it
off
the
alley
that
you
can't
see
from
Court
Street.
That
has
it's
a
two
storey
building
and
it
has
residential
use
first
and
second
floor.
K
B
You
have
the
only
other
place
that
I'm
aware
of
is
behind
H&R
Block.
There
are
some
Portman's
behind
H&R
Block,
but
the
entrance
is
off
of
another
alley.
It's
not.
The
entrance
is
not
from
court
Street,
although
I
believe
you
can
go
in
the
front,
possibly
get
back
there,
but
the
main
entrance
to
the
residential
use
is
off
the
alley
in
the
back.
So
it's
not
it's
not
right
on
Court
Street.
B
So
that's
that's
an
example
of
27
and
a
half
as
in
the
b2d
district,
where
the
same
restriction
applies
and
the
other
one
is
in
this
same
block
in
the
B
3
district
and
those
are
the
only
there's
the
only
ones
that
I'm
aware
of
where
we
have
any
kind
of
residential
use.
On
the
first
floor,
neither
one
of
those
that
Street
friend
its
where's
that
oh.
D
B
B
B
No,
those
were
uses
that
were
there
prior
to
the
change
in
the
code.
The
board
has
recently
heard
I
believe
two
cases.
One
was
the
old
where
there
was
a
dry
cleaners
down
on
Richland
Avenue
and
the
owner
wanted
to
put
in
a
an
ad,
a
compliant
apartment,
its
back
its
way
back
off,
Richland
Avenue
a
lot
of
parking
in
the
front.
That
was
one
case.
The
board
heard
the
other
was
off
East
State
Street
on
one
of
the
side
streets
where
the
be
three
zone.
B
If
you
didn't
know
it,
you
would
think
you
were
gone
back
in
a
residential
zone,
but
the
B
three
district
goes
back
in
it
used
to
be
a
plumbing,
shops
been
several
shops
and
at
one
time
the
person
who
actually
ran
the
shop
lived
in
an
apartment
right
next
door
was
single-story
bill
that
was
at
street
front,
but
on
a
residential
street.
So
those
are
the
two
cases
I
believe
the
board
has
heard
most
recently
requesting
variance
and
as
I
recall,
both
those
were
were
granted
because
the
more
the
use
wasn't
right
at
the
street.
A
It
is
a
permitted
use
in
in
the
area.
It's
not
that
it's
not
a
permitted
use.
The
idea
is
not
that
you
are
to
restrict
people
from
having
rental
units
as
part
of
their
building,
but
that
you
are,
it
supposedly
is
to
be
restricted
to
second-floor
uses,
or
basically
it
sounds
to
me.
My
my
interpretation
was
the
primary
thrust
of
the.
E
H
H
B
A
C
I
move:
we
grant
a
variance
in
case
number,
Oh,
7,
Oh,
1,
V
zone,
b3,
18,
West,
8th
Street,
John,
Vaillant
or
and
Michael
Smeltzer
are
the
appellant.
The
appellant
is
requesting
a
variance
from
section
23,
Oh
405,
a
I
to
permit
residential
use
on
the
ground
first
floor
of
a
structure
or
the
residential
use
is
only
permitted
on
the
second
storey
floor
and
above
is.
A
C
A
E
C
C
A
A
Couldn't
because
there
wouldn't
be
any
basis
on
which
to
grant
a
variance
for
a
straight
front
for
street
front
use
of
residential
there.
There
needs
to
be
some
argument
that
there
is
something
exceptional
about
the
circumstance
and
most
of
the
buildings
it
wouldn't
be
and
except
there
wouldn't.
None
of
this
would
apply.
This
building
has
the
the
advantage
because
of
its
structure,
long
and
narrow.
The
way
it
is
of
having
an
enormous
amount
of
parking,
convenient.
A
Extremely
convenient
parking
most
of
the
buildings
in
downtown
Athens
would
not
have
that
that
wouldn't
apply.
I
think
there
are
very
few
properties
which
would
be
appropriate
to
be
used
for
mixed-use
on
the
same
floor,
but
most
of
them
the
the
mixed-use,
is
expected
to
be.
On
the
on
the
second
floor,
this
building
does
not
have
a
second
floor.
Instead,
it
has
an
enormous,
the
great
deep,
the.
K
A
E
A
Apparently,
it
is
not
valuable
commercial
use
for
for
the
average
attorney's
office.
You
don't
need
14
parking
places,
even
if
you
had
every
one
of
these
silver
with
it
with
a
an
office
that
prison
that
kind
of
of
a
business
you
make
an
appoint,
then
you
go
in.
You
see
your
attorney.
You
go
back
out
again,
it's
one
car,
it's
not
it's
not
going
to
it.
This
is
a
grocery
store
parking
lot
to
be
a
fabulous
grocery
stores
together.
This
choice
restore
that
wants
to
come.
K
K
A
K
K
A
H
H
K
F
A
K
K
K
K
A
Discussion
right
now
is,
the
plan
is
submitted.
The
plan
is
submitted
is
what
they
would
get
permission
for.
They
would
not
be
permitted
to
do
anything
else,
accepting
what
they
have
been
granted,
the
variance
for
being
granted
a
variance
to
do.
This
does
not
give
them
a
variance
to
go
later
on
and
make
other
changes
to
the
to
the
plans,
and
it's
anything
they
need
to
do.
They
need
to
go
to
Steve's
office
and
get
permission
for
it.
He'll,
say
nope,
you
can't
do
it
and
then
they
would
have
to
come
and
get
another
variance.
I
E
H
Is
a
detriment
to
those
people
who
want
to
use
that
area
as
it
commercially
only
and
they
will
be
deprived
of
having
that
you
know
they
want
the
next
door.
Do
they
have
to
be
also
a
commercially
there's,
a
nurse
that
deep
looking
because
they
are
walking
down
the
street.
You
go
one
to
the
next
one
to
the
next
one
or
so,
and
that
would
be
a
detriment
to
those
those.
H
A
E
C
A
The
reason
that
they're
here
is
because
they
want
to
do
something
to
improve
the
property.
Currently,
the
property
is
available
and
has
been
being
used.
There
are
offices
here
and
here-
and
there
are,
it-
was
usable,
it's
just
difficult
to
find
a
tenant,
because
it's
not
desirable,
it's
less
desirable
as
office
space
and
that's
why
they're
wanting.
H
I
A
Agreed
that
it's
not
a
general
nature,
that's
something
we
agree
on.
Okay,
do
we
have
anything
further
that
we
want
to
discuss?
Oh
I.
Do
think
that
it
would
be
important
to
amend
and
and
I
don't
want
to
go
back
through
all
the
discussions,
so
we're
gonna
do
this
a
little
bit
backwardly,
but
we
want
to
have
the
the
motion
have
the
addendum
that
it
be
incident,
the
substantial
conformance
with
the
plans
so
that
it's
exactly
the
way
it
is
here
as
far
as
the
ratio
of
space
would
be
maintained?
K
A
C
F
L
C
A
I
K
B
A
B
B
In
the
back
of
information
they
were
provided.
This
is
essentially
just
kind
of
a
modification
of
the
map
from
the
last
case,
the
last
time
you
heard
a
case
on
this
particular
property,
the
difference
being,
though,
that
you
can
see
that
there's
a
feel
like
a
better
term,
a
leg
on
this
property.
I
love,
you've
noticed
it
before
that
goes
out
to
Mill
Street.
It
has
a
court
street
address,
let's
give
me,
but
it
has
it's
kind
of
like
a
wrap
around
a
lot
off
the
Mill
Street
side.
B
If
you
look
through
the
rest
of
your
packet,
there's
some
parking
indicated
and
that
is
off
of
Mill
Street
Court
Street
is
in
this
drawing
up
here,
Mill
streets
on
this
side.
There
is
commercial
use
right
here.
This
is
essentially
across
the
street
from
the
BP
station
and
there's
a
little
cut
little
area,
that's
cut
back
in
where
you
can
park
six
cars.
C
B
A
C
E
E
C
B
B
The
request
is
for
nine
total
occupants
on
the
second
floor,
and
that
would
require
nine
parking
spots.
This
property
is
a
little
different
than
the
previous
case,
because
it's
located
in
the
B
to
D
district
in
that
downtown
district,
all
your
commercial
parking
requirements
are
met
by
the
part
City
parking
garage.
So
there
are
no
commercial
parking
requirements.
Those
six
spaces
then
technically
can
all
be
used
to
meet
some
residential
use.
So
the
first
there's
not
a
variance
for
residential,
you
said,
or
no
necessity
for
commercial
parking.
B
Nine
tenants
need
nine
parking
spots
and
there
were
only
six.
So
that's
the
first
variance.
Second
variance
is
that
all
spaces
have
to
be
provided
adequate,
ingress
and
egress.
In
other
words,
every
car
has
to
be
able
to
move
without
movie
to
another
car.
So
that's,
essentially
the
second
variance
commonly
called
stacked
parking.
It
has
to
do
with
ingress,
egress
accessibility.
B
So,
even
though
you
have
six
spaces,
three
three
cars
have
to
move
for
the
other
three
to
be
able
to
move.
The
third
variance
is
for
the
smallest
of
the
parking
spaces.
Parking
spaces
have
to
be
at
least
180
square
feet
in
area
that
particular
space
is
only
150
square
feet
in
area
parking
spaces
are
all
indicated
as
ten
feet
wide.
Nine
is
the
minimum.
So
there's
no
way
to
you
know
to
make
additional
parking
long
ways.
You
know
perpendicular
off
the
street,
so.
B
If
there
was,
if
that
deck
in
the
back
was
removed,
you
would
still
need
variants
for
stacked
parking,
stacked
parking
and
possibly
two
four
area
parking.
Mr.
Valens
for
may
be
able
to
give
a
little
better
information
on
them.
Well,
as
I'm
looking
at
the
drawing
you'll
see
this
u-shaped
area
I
believe
that's
like
a
deck,
but
that
might
be
structured,
actually
sticking
out
right
there
on
the
back,
which
would
preclude
Space
1
from
being
extended
to
create
another
parking
space.
If
the
deck
was
gone,
you
might
be
able
to
add
two
more
possibly
but.
B
You
couldn't
get
nine
you'd
still
need
a
variance
for
stacking
and
I
have
to
look
at
a
little
closer,
but
you
may
need
some
area,
maybe
not
for
the
180
square
feet,
as
opposed
150
looks
like
potentially,
you
could
come
up
with
one
two.
Three
four
eight
parking
space
instead
of
nine
that
still
need
a
variance
you'd,
still
need
a
stacking
variance.
You
may
not
need
an
area
variance
on
the
spot
number.
Six,
no.
B
The
Board
granted
the
variance
five
zero
four
lease
parking
at
the
secure
parking
lot
to
mr.
Phillips,
and
he
was
going
to
lease
the
building.
It
was
contingent
upon
him
always
having
control
of
by
lease
or
ownership
the
particular
building
this
building
under
lease
and
secured
parking
lot
under
ownership.
So.
A
Basically,
currently,
it's
required
to
provide
nine
parking
places
and
what
they're
requesting
is
to
provide
only
six
and
and
three
of
them,
I
mean
and
and
yeah
at
three
of
them
being
stacked.
So
essentially,
instead
of
nine
accessible
parking
places,
they
want
three
accessible
and
three
non
accessible
and
then
for
three
tenants
to
have
no
parking.
That's
the
current
request.
I'm.
B
A
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I
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B
So
and
then,
once
you
take
your
variance
turn
it
into
an
application
for,
say
a
building
permit
or
remodeling
permit.
You
have
to
start
within
one
year
finished
within
two
years,
so
essentially
variances
that
they're
extreme
have
a
three
year
lifespan
and
that's
a
recent
change
of
the
code
to
used
to
being
variances
were
granted.
They
had
no
expiration
date.
People
would
come
back
in
and
say:
grandpa
got
this
variance
in
1968
and
I'm
here
to
cash
it
in
in
2007.
So
that's
what
one
of
the
reasons
the
code
has
changed
to.
E
D
Login
John,
Vaillant
or
RBC
architects-
and
you
know
to
your
question-
I
assumed
that
there's
deals
trying
to
be
made
or
that
haven't
happened
in
terms
of
the
didn't.
What's
the
status
of
this
piece
of
property
and
that's,
why
we're
here
again
with
another
option
to
try
and
work
out
some
kind
of
negotiation
with
the
owner?
That's
all
I
can
assume.
First
of
all,
I'd
like
to
add
another.
You
know
again
we're
at
this
point
mr.
D
Krause
we're
asking
and
for
the
potential
of
adding
a
couple
more
pieces
or
parking
spots
to
this
piece
of
property.
I.
Think
I
did
show
you
by
the
photographs
there
that
there
is
legally
three
parking
spots
on
the
site.
Removing
the
the
bar
extension
at
the
rear
is
probably
not
the
best
option,
but
we
have
another
plan,
and
this
would
also
I
don't
know.
I
guess
it
wasn't
officially
according
to
Steve
requested
in
terms
of
its
variance,
but
mr.
D
C
D
D
People
like
went
down
until
he
wasn't
there,
but
I
talked
with
his
code
enforcement
officers
to
find
out
it
where
the
six
marking
spots
were
that
are
satisfy
the
requirements
for
187
North
Lancaster.
And
if
you
look
at
the
front
of
the
building,
then
I
went
over
with
their
code
officials.
Those
six
spots
are
in
the
front
of
the
building,
there's
a
new
car
garage
and
two
parking
spots
on
either
side
of
that
entry.
D
H
D
D
Of
that
particular
site,
in
conjunction
with
the
on-site
parking
that
the
whatever
number
is
derived
at
would
be
acceptable
to
the
code
office,
and
we
could
work
with
that.
Then
say
that
there
was
eight
potential
total
spots
available.
That's
what
we
would
work
with
in
terms
of
development
of
the
second
floor.
K
D
I
D
A
I
D
K
D
D
K
K
A
C
K
K
H
H
L
A
B
A
B
B
What
everyone
needs
to
understand
is
the
refusal
was
based
on
the
information
submitted
right
right.
There
was
no
proposal
for
remote
parking
with
refusal.
Therefore,
there
was
no
consideration
now.
It
is
mentioned
in
the
arguments
that
have
come
up,
but,
for
example,
I
didn't
advertise
for
lease
parking
in
same
ownership,
greater
than
500
feet
away,
that'd
be
another
variance.
It
would
be
necessary,
so
I,
my
refusals,
based
on
the
information
I
received
on
the
date.
The
refusal
occurred
not
on
some
proposal.
That
happened
just
a
couple
days
ago.
B
That
I
didn't
know
anything
about
until
this
evening.
I
would
have
to
verify
first
at
the
parking
wherever
this
parking
is
I'm,
not
sure
where
the
location
is
that
it's
in
a
zone
where
parking
lots
are
permitted.
First,
then,
I
have
to
check
to
see
how
many
residents
are
at
that
particular
property,
or
the
total
parking
required
for
all
uses
on
that
property
to
determine
if
there's
excess
parking
and
that
could
be
possibly
deed,
restricted
or
leased
at
some
other
location.
I
also
have
to
check
accessibility.
B
You
may
have
X
number
of
parking
spaces,
but
only
if
you
have
there's
a
difference
between
sixteen
cars
for
behind
for
behind
for
behind,
for
then
there
is
sixteen
cars
that
can
all
move
at
the
same
time.
This
is
all
information.
I
had
not
had
an
opportunity
to
review.
As
a
matter
of
fact,
when
I
receive
applications,
I
have
two
up
to
30
days
to
make
a
decision,
because
sometimes
it
can
get
rather
involved
and
are
quite
a
few
different
things
that
have
to
be
checked
out
well,.
C
B
I
could
to
code
officers
are
not
zoning
administrators.
There
are
two
zoning
administrators
in
the
city
of
Athens
I'm,
one
in
the
service
Safety
Director
Ray
hazel
is
the
other.
So
none
of
my
officers
told
me
that
the
discussion
occurred
and
neither
do
they
have
the
ability
to
act
on
my
behalf.
They
have
not
been
appointed
so.