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From YouTube: Board of Zoning Appeals Meeting 07-10-07
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A
This
is
a
meeting
of
the
Athens
Board
of
Zoning
Appeals.
The
meeting
is
called
to
order
at
7:00
p.m.
this
evening.
July
10
2007.
The
board
consists
of
five
members
and
now
I'm,
two
alternates
and
alternate
takes
full
part,
and
discussions
of
the
board
becomes
a
voting
member
in
the
absence
or
conflict
of
interest
of
a
regular
member.
This
evening
neither
of
our
alternates
is
present.
However,
we
do
have
a
new
alternate.
Her
name
is
Michelle
dribbled,
who
will
be
joining
us
soon,
but
present
this
evening.
A
Excuse
me
our
members,
John
gol
Z
Greg,
Lebel,
Roger,
Cruiser,
Betty,
Hollow
and
myself,
Muriel
Frederick
also
present
this
evening.
Our
Zoning
Administrator
is
Steve
Pearson,
Paul
ash
and
Bakker,
our
Acting
Secretary
and
Michael
Miller
from
the
city
law
director's
office.
A
The
board
operates
according
to
the
following
procedure:
the
chair
names
and
describes
the
case.
The
Zoning
Administrator
cites
specifics
of
the
refusal
of
the
case.
The
appellant
or
representative,
then,
will
state
the
case
for
granting
the
appeal
testimony
next
is
taken
from
those
who
support
granting
the
appeal,
then
those
who
wish
to
speak
in
general
comment
and
then
those
who
support
denial
of
the
appeal
in
following
all
testimonies
the
board
will
receive
concluding
the
remarks
from
the
appellant
discussion
from
the
floor
then
will
be
closed.
A
The
board
will
deliberate
and
render
a
decision
under
Athens
City
Code
section
two
three,
oh
seven.
Oh
three,
B
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
code
shall
be
observed.
Public
safety
and
welfare
secured
and
substantial
justice
done.
A
Athens
City,
Code,
section
2,
309,
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,
practical
difficulty
or
undue
hardship
is
first,
there
must
exist
a
practical
difficulty
or
undue
hardship
caused
by
exceptional
conditions
pertaining
to
the
specific
piece
of
property.
Number.
A
Two
is
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
number
three
preservation
of
equal
property
rights.
It
must
be
determined
that
literal
interpretation
of
the
code
would
deprive
the
appellant
of
rights
commonly
enjoyed
by
others
in
the
same
vicinity,
while
granting
the
variance
would
not
convey
a
special
privilege.
Number
four
is
minimum
variance.
It
must
be
determined.
The
variance
is
the
minimum
required
to
make
reasonable
use
of
the
property
number
five
absence
of
detriment.
A
It
must
be
determined
that
granting
of
the
variance
will
not
be
of
substantial
detriment
to
adjacent
properties,
Norma
T,
really
impaired
the
purposes
of
the
code
or
the
public
interest,
and
the
last
is
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.
A
Any
person
aggrieved
by
the
decision
of
the
board
may
file
an
appeal
to
the
Court
of
Common
Pleas
such
position.
That
means
such
petition
must
be
filed
within
30
days
after
the
mailing
of
the
board's
resolution
to
the
appellant
on
the
agenda.
This
evening
we
have
one
case:
it's
number
o
7
1
0,
V,
4,
13,
701
della
drive,
which
will
be
when
it's
annexed
into
the
city.
Zoned
R,
3,
Beaumont,
green
LLC
is
the
appellant.
A
A
B
A
B
A
A
B
Well,
actually,
there
isn't
anything
under
the
city's
responsibilities,
except
that
they
will
might
take
that
back
under
the
city's
responsibilities.
That
says
it's.
The
city's
intentioned
annex
of
property
are
three
subject
to
the
developer.
Receiving
approval
of
such
zoning
from
both
the
Planning
Commission
to
Council
and
any
construction
prior
to
annexation
shall
comply
with
city
zoning
requirements
with
the
application.
A
Okay,
so
you've.
Your
understanding,
then,
is
that
you
have
been
given
jurisdiction
by
the
city
of
Athens
over
an
area
where
the
city
has
no
jurisdiction.
Is
that
I
mean
you've
been
given
you've
been
given
direction
by
the
City
Council
to
exercise
jurisdiction
in
an
area
where
customarily
you
wouldn't
have
it.
B
A
A
developer
can't
give
us
the
authority,
though
see
we
have.
We
have,
and
we
only
get
a
thority
by
this
athens
city
code
and
the
athens
city
code
stops
at
the
athens
city
limits.
So
as
far
as
I
can
tell
now
they're
they
have
to
apply
with
all
the
other
city
codes
that
they
they
can
comply
with,
but
they
haven't
the
power
to
comply
by
doing
anything
more
than
requesting
a
variance.
I
understand
that
they've
requested
a
variance
I,
don't
think
we
have
the
authority
or
the
power
to
grant
a
variance.
A
Today,
it's
it's
my
I
mean
I
think
we're
gonna
need
to
decide
by
the
board.
My
feeling
is
that
it
would
be
better
for
us
to
find
out
when
the
project
is
expected
to
be
what,
when
the,
when
the
annexation
is
expected
to
take
place,
and
at
that
point
have
them
come
back
to
request
to
to
complete
the
variance
we
could
just
I,
don't
even
know
how
you
can
I,
don't
even
know
how
you.
A
A
If
they
had
more
parking
places
than
then
required,
then
they
would
have
to
undo
parking
places
but
to
add
something
that
they
didn't
already
have
there.
It
seems
to
me
that
is
less
of
a
problem
I,
but
I
don't
know
yet
until
they
get
to
make
their,
but
I
don't
even
know
how
we
can
how
we
can
be
listening
to
this.
I
would
really
like
to
ask
mr.
Miller
it's
really
difficult
for
him
to,
because
he's
not
had
an
opportunity
to
look
at
this
until
just
now.
But
yes,
I
would
like
to
ask
mr.
E
This
evening,
an
off-the-cuff
opinion
of
mine
would
be
that
the
Zoning
Board
does
not
have
jurisdiction
at
this
time,
while
the
they
do
have
to
comply
with
all
city
codes
prior
to
being
annexed.
That
doesn't
necessarily
I,
don't
think,
apply
to
two
variances.
Not
the
question
arose.
You
know
what,
if
they
built
the
structure
with
only
40
parking
spots,
if
they
need
48
well
at
that
time,
they
couldn't
be
annexed
because
they're
not
not
compliant
with
the
city
laws.
E
At
that
time
now,
an
individual
who
is
not
even
gonna,
be
within
the
annexation
zone
of
save
Athens
can
agree
to.
You
know,
comply
with
the
city
of
code
that
doesn't
necessarily
mean
that
we're
gonna
have
jurisdiction
to
cover
them.
It's
minimum
standard,
that's
good
that
they're
going
to
apply
to
if
there's
not
more
restrictive
city
state
codes.
So
just
because
they've
agreed
to
comply
with
all
state
city
code.
Doesn't
us
who
mean
that
we're
gonna
have
jurisdiction
over
them
until
they
are
within
our
city
limits?
So.
F
E
A
E
So
again,
if
they,
if
they
had
built
it
the
facility
and
built
them
with
insufficient
parking
space
si,
and
then
they
try
to
finish
the
annexation.
At
that
point,
they
would
be
outside
the
city
code.
At
this
point
in
time
they
haven't
built
the
facility
they
haven't,
built
insufficient
parking
spaces
they're,
not
outside
the
city
code.
A
They
they
could
again.
This
is
an
off
the
kind
of
opinion
that
I'm
at
requesting
and
I
understand
that
it
isn't,
you
know,
necessarily
researched
or
it
it
might
change,
but
the
fixity
put
this
agreement
together
with
with
the
developer,
it's
within
the
city's
ability
to
modify
that
section
at
that
section
to
F,
isn't
it.
E
A
A
E
Don't
know
that
that's
possible
I
think
you
can
read
the
flaws
as
being
a
double
clause:
the
fact
that
they
wrote
that
as
a
as
two
separate
sentences,
okay
can
meet
and
I
believe
can
be
read
as
having
two
separate
requirements
that
one
that
they're
going
to
comply
with
all
the
city
codes
prior
to
being
annexed
and
then
two
at
some
point
in
time.
They're
going
to
request
a
variance
regarding
parking
that
that
doesn't
necessarily
mean
that
the
variance
for
parking
has
to
come
before
the
annexation.
I
see.
F
A
F
A
H
Hi
I'm
Jeanne
Kenny
I'm
with
the
woda
group
and
I,
represent
Beaumont
green
LLC
as
the
developer,
and
our
address
is
two
to
nine
Huber
Village
Boulevard,
suite
100,
Westerville
Ohio,
and
to
answer
your
question
about
the
annexation,
the
process
has
started.
We
are
using
a
local
attorney
here.
Ricca
Remus,
the
annexation
has
the
process
has
started,
but,
as
my
understanding
is
a
lengthy
process,
there's
notices
that
need
to
be
sent
out
approvals
that
need
to
be
sent
out
and
so
forth.
Rick
was
not
able
to
be.
H
H
H
If
the
development
agreement
I
believe
states,
we
have
two
years
for
annexation
after
the
development
agreement.
Yes
and
the
whole
reasoning
behind
our
parking
request
was
we've
tried
to
work.
We've
been
working
with
Steve,
because
when
we
went
to
the
City
Council
with
our
proposal,
we
wanted
to
make
sure
we
did
follow
all
the
city
code
requirements
and
after
talking
to
Steve,
we
did
not
want
to
be
in
a
situation
where,
after
our
building
was
built,
you
know
our
sign.
H
Wasn't
right,
sighs
our
setbacks
wasn't
right
all
that
he
did
not
want
to
have
to
face
that
at
the
end,
and
neither
did
we
so
right
up
front.
We
told
council
our
parking
will
not
meet
the
requirements.
We
could
do
two
things
one.
We
have
wetlands
on
the
site
which
we
wanted
to
preserve
and
counsel
wanted
us
to
preserve
this.
We
could
remove
the
wetlands
and
put
additional
parking
in.
They
chose
that
we
did
not
remove
the
wetlands
and
we
agreed
to
keep
the
wetlands
preserved.
We
have
a
sign
up
there.
H
There
will
be
a
sign
up
after
construction.
We
will
not
know
them.
We
will
not
touch
those
wetlands.
We
did
some
research
as
we
have.
We
have
been
in
development
for
15
plus
years,
we've
developed
senior
housing
throughout
Ohio
in
West
Virginia,
and
we
found
that
the
two
to
one
parking
seniors
really
don't
have
a
lot
of
vehicles.
You
know
there's
not
two
and
three
people
in
the
household:
it's
normally
just
two
people,
husband
and
wife.
Sometimes
they
only
have
one
vehicle
from
experience.
H
We
found
that
that
parking
that
many
parking
spots
was
I,
won't
say
a
waste
of
space,
but
it
just
took
up
a
lot
of
green
space
where
we
could
plant
a
tree
where
you
could
put
grass,
we
could
put
a
picnic
area
rather
than
putting
all
that
asphalt
and
causing
stormwater
runoff,
so
just
so
that
we
could
be
upfront
with
Council
I
wanted
to
make
sure
that
they
knew
that
our
parking
would
not
be.
We
would
not
be
able
to
meet
those
requirements.
H
So
then,
after
we
got
our
development
agreement
signed
and
worked
out,
we
went
to
Steve,
which
he
was
kind
of.
We
didn't
really
know
what
to
do.
Neither
so
we
have
been
working
him.
We
want
to
make
sure
he
has
been
received.
Our
plans
he's
requested
additional
information.
Now
I,
don't
know
if
you've
completed
your
review
or
not,
but
excuse
me
we
wanted
to
make
sure
that
everything
that
we're
building
out
there
will
comply
to
the
best
that
we
can
and
I.
H
C
Know,
I
can't
speak
for
him,
you
need
40
parking
spaces
and
there
will
be
40
units.
Is
that
correct,
there'll.
C
C
D
C
H
I'm
I
won't
say
it's
an
assumption,
I
think
it's
just
experience
and
the
knowledge
of
building
this
isn't
our
first
senior
housing,
3
story.
We
have
several
and
you
know
we
see
the
spaces.
I've
went
out
and
I
did
the
mayor
here.
I
provided
him
with
some
information
of
what
our
facilities
current
facilities
hold
and
how
many
spaces
that
are
in
it
and
actually
how
many
vehicles
come
on
a
deal.
A
H
D
F
A
A
H
And
we
knew
that
going
in
I
mean
I
was
very
truthful
and
honest.
You
know
going
in
because
that's
why
it
took
me
a
while
to
get
this
in
that
and
or
they
that
parking
statement
in
our
agreement,
because
I
didn't
want
to
hide
anything.
I
wanted
to
be
upfront.
I
knew
we
couldn't
meet
those
requirements
at
the
parking
hypotonic
question:
what?
If
what?
If
you
didn't
get
the
variance.
H
A
Good
I
do
I'm
gonna,
make
a
motion
and
hope
for
a
second
that
we
continue
this
variance
request
until
such
time
as
the
annexation
has
been
completed.
Okay,
at
which
point
we
will
have
the
authority
to
to
hear
the
real
good
okay.
H
And
as
Steve
is
that
okay
I
mean
I
know
it
can't
be
okay
with
you,
but
I
mean
so
how
I
know
we
don't
have
proven
or
anything
so
do
we
just
move
forward
with
you
just
reviewing
the
plans
in
the
background
so
to
speak
and
making
sure
that
we
comply
with
everything
else.
Then
we're
trying
to
work
around
this
we're
not
real
sure
how
far
we
need
to
go
and
I
just
want
to
make
sure
that
I
keep
Steve
happy.
D
J
H
H
Meeting
and
I
don't
like
to
go
back
on
my
word
now.
If
that's
something
that
we
need
to
do
after
annexation
to
go
back
to
Council
and
let
them
know
that
in
order
to
meet
the
parking
requirements,
we
will
have
to
go
back
upon
our
what
we
had
said
about
the
wetlands
yeah
I
mean-
and
you
know,
if
that's
something
that
we
need
to
do
then
I
guess
that's
between
us,
a
good.
C
H
A
D
A
There's
there
people
to
get
to
and
from
are
gonna
need
transportation
unless
it's
gonna
be
provided
by
your
facility,
and
now
one
of
the
places
I
looked
at
with
my
mom
did
do
that
they
had
they
had
a
van
that
was
available
and
you
know
took
people
around
all
the
time
is
that-
and
this
is
premature,
because
you
know
this-
is
the
conversation
we're
gonna
have
when
we're.
Actually,
you
know
doing
the
variance.
D
A
Would
think
that
when
you
come
back
and
for
the
variance
that
is
gonna
be
something
that
I'm
gonna
be
very
interested
in
hearing
about,
because
if
you're
going
to
not
have
parking
you're
going
to
need
have
transportation,
because
these
people
won't
be
able
to
get
to
and
from
the
supermarket
or
the
drugstore
or
the
doctor's
office
or
the
you
know,
theater
or
whatever
that
they're
going
to
do.
There
isn't
any
way
to
do
it.
They.
F
A
F
A
A
G
I
I
The
city
did
give
him
the
right-of-way
to
come
through
with
the
water
line,
sewer
line
all
that
they
have
holds
that
deep
in
our
driveway
that
they
did
not
come
back
and
fix
our
garage
if
you've
seen
the
big
garage.
You
know
it's
easy
to
see
from
the
road.
The
whole
structure
under
that
the
cement
has
been
cracked
all
around
inside
the
building.
Also,
the
house
Steve
had
did
a
lot
of
construction
work
in
the
basement
of
the
house.
Now
it's
all
cracked.
You
know
pictures
knocked
off
the
walls
and
and
broken
that
type
thing.
I
On
top
of
that,
we
caught
him
using
our
water.
Without
asking
they
had
Steve's
business
phone,
his
cell
phone
in
his
house
phone.
Nobody
called
and
said:
can
we
use
some
of
your
water
to
mix
our
cement,
but
after
Steve
caught
him,
then
they
decided?
Well,
you
give
us
the
whole
bill
and
we'll
pet
now,
I
think
as
you're
thinking.
The
city
put
the
cart
before
the
horse.
They
didn't
asked
us.
Are
we
going
to
be
into
the
you
know
corporated
into
the
city,
because
we
have
no
intention
of
it.
I
A
D
B
Understanding
was
that
that
included,
obtaining
building
permits
from
the
city,
zoning
certificates
or
zoning
permits
with
the
right
amount
of
parking
going
to
the
tree
Commission,
because
twelve
or
more
units
the
landscape
plan
around
the
parking
lot
has
to
be
approved
by
a
tree
Commission.
There
are
some
land
development
issues
related
to
compliance
with
city
codes,
also
Beaumont
green,
scheduled
to
go
Thursday
night
to
the
tree
Commission
for
a
first
review
of
their
landscape
plan.
B
B
F
K
K
F
D
F
K
C
C
A
B
Yeah
I'm,
not
that's
what
I
say:
I'll
bring
it
up
to
staff
meeting
tomorrow,
I'm,
not
sure
now
how
to
comply
with
review
under
the
land,
development,
ordinance
or
the
landscape,
ordinance
or
any
other
applicable
city
ordinances.
I
would
point
out
that
under
general
terms,
section
300
507,
it
says
legal
interpretation
under
Section
D.
This
agreement
shall
be
construed
and
interpreted
in
accordance
with
the
laws
of
the
state
of
Ohio.
So
I,
don't.
A
I
guess
my
only
point
with
landscape
ordinance
or
anything
like
that,
those
that's
just
them
telling
them
what
the
law
will
be
when
they
are
annexed
and
they
can
comply
with
that
in
advance.
That's
not
a
board,
that's
having
to
sit
and
judge
it
to
whether
or
not
something
different
can
be
done
other
than
what
is
by
law.
All
of
these
other
things
are,
you
know,
complying
exactly
with
the
law
as
it's
written,
dum,
bum
bumbum,
but.
D
A
C
C
F
F
B
The
skinny
and
I
had
had
the
discussion
about
what
did
the
term
comply
with
all
city
codes
party?
Annexation
meant
and
that's
why
I
had
we
had
correspondence
back
and
forth
about
our
understanding
of
the
administration's
understanding
of
what
council
meant
by
that?
So
I
guess:
I'll
have
to
go
back
to
administration
and
revisit
the
whole
thing.
Yeah.
A
L
The
biggest
concern
was
that,
if
we
did
this
without
this
development
agreement
and
without
cooperating
with
the
city
that
after
they
have
already
provided
the
sewer
and
water
when
annexation
time
comes
virtually
the
city's
rules,
stating
that
anyone
having
water
and
sewer
shall
be
annexed
within
the
two-year
period,
there
is
no
there's
no
wavering
on
it.
You
shall
be
in
it.
So.
L
L
To
prevent
this
from
happening
and
in
good
faith
on
our
part
working
with
the
city,
that
is
how
this
development
agreements
he
was
cut
has
come
about
the
understanding
that
very
early
on
meetings.
For
this.
The
understanding
that
we
had
was
that
the
city
actually
did
not
have
jurisdiction
over
this
property.
L
The
thing
was
that
these
variances,
that
this
variance
in
particular
was
brought
up
as,
as
Kenny
said,
into
very
early
stages,
because
we
knew
when
we
went
in
there,
that
the
parking
was
going
to
be
a
problem.
It
was
that
all
these
permits,
all
these
plan
reviews
would
be
approved
or
disapproved
and
then
pending
annexation,
in
other
words
they
would
be
approved,
but
they
would
not
be
enforceable
until
the
annexation
came
about.
That
is
why
we
have
submitted
all
our
fees.
That's
why
we
paid
all
our
taffy.
L
That's
why
we
paid
or
our
zoning
fees
it's
why
we've
paid
all
those
things
to
the
city,
even
though
we're
not
in
the
city,
we
have
made
all
the
applications,
that's
a
city
required
and
it
is
all
pending
annexation,
and
that
is
why
Steve
has
reviewed
the
plans.
That
is
why
we're
going
to
the
planner
at
the
tree
Commission,
because
we
are
trying
to
stay
within
the
spirit
of
the
agreement
that
was
originally
signed
with
the
council.
So
I
just
wanted
to
say
that
that
is
how
this.
A
F
C
I
L
J
F
D
A
And
just
you
both
are
aware
that
part
of,
if,
when
you
do
get
your
variance
part
of
the
variance
require
the
findings
have
to
be
that
you
won't
be
a
you
know:
it's
not
going
to
be
a
detriment
to
the
neighbors,
so
it
would
be
real
good
when
you
do
come
to
the
point
of
requesting
your
variance
or
continuing
your
variance
that
a
detriment
to
the
neighbors.
Isn't
you
know
determined.
H
A
You
very
much
okay,
all
right.
There
is
also
on
the
agenda
this
evening
would
be
the
approval
of
last
month's
minutes,
as
everyone
had
navigated.