►
From YouTube: Board of Zoning Appeals Meeting 04-10-07
Description
No description was provided for this meeting.
If this is YOUR meeting, an easy way to fix this is to add a description to your video, wherever mtngs.io found it (probably YouTube).
A
All
right,
this
is
a
meeting
of
the
Athens
Board
of
Zoning
Appeals.
The
meeting
is
called
to
order
at
this
time
at
7:07
p.m.
on
April
10
2007.
The
board
consists
of
five
members
and
one
alternate
alternate-
takes
place
in
full
discussions
of
the
board
and
becomes
a
voting
member
in
the
absence
or
conflict
of
interest
of
a
regular
member
this
evening,
Betty
Hollow
is
not
here,
so
we
have
president
John
Gould,
Z,
roger
Cruiser,
Greg
Lovell
and
our
alternate
Hector
Florez
is
full
member
this
evening,
I'm
Muriel
Frederick
chair
also,
president.
A
This
evening,
our
Zoning
Administrator
Steve
Pearson
Paul
Ashton
backer
our
Acting
Secretary
and
Michael
Miller
from
the
city
law
director's
office.
The
board
operates
according
to
the
following
procedure:
chair
names
and
states.
The
case
our
describes
the
case.
The
Zoning
Administrator
will
cite
the
rift
specifics
of
the
refusal.
A
The
appellant
or
a
representative
will
State
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
following
all
testimonies
the
board
will
receive
concluding
remarks
from
the
appellant
discussion
from
the
floor
then
will
be
closed.
The
board
will
deliberate
and
render
a
decision
under
Athens
city
code
to
309,
1,
0,
C,
I'm,
sorry
under
Athens
city
code,
2,
0,
2,
3,
0,
7,
0,
3
B.
A
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.
Athens
city
code,
2309,
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,
number
one
practical
difficulty
or
undue
hardship.
A
There
must
exist
a
practical
difficulty
or
an
undue
hardship
caused
by
exceptional
circumstances
or
conditions
pertaining
to
the
specific
piece
of
property
number
two
exceptional
certains
chances.
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.
A
District
preservation
of
equal
property
rights
must
be
determined
that
literal
interpretation
of
the
code
would
deprive
the
appellant
of
Rights
commonly
enjoyed
by
others
in
the
same
vicinity,
while
granting
the
variance
would
not
convey
special
privilege
number
four
is
the
minimum
variance
must
be
determined.
The
variance
is
the
minimum
required
to
make
reasonable
use
of
the
property
number
five
absence
of
detriment.
It
must
be
determined.
The
granting
of
the
variance
will
not
be
of
substantial
detriment
to
adjacent
properties.
A
Norma
Tyrael
impair
the
purposes
of
the
code
of
public
interest
and
the
last
knot
of
us
general
nature.
The
variance
sought
must
not
be
of
a
general
or
recurring
nature
such
that
the
situation
would
be
more
reasonably
handled
by
changing
the
law.
The
board
is
empowered,
also
to
hear
and
decide
applications
for
conditional
use,
substitution
for
non-conforming
use.
Temporary
uses
and
appeals
where
it's
alleged
by
appellant
that
there's
an
error
and
the
decision
made
by
the
Zoning
Administrator
regarding
enforcement
and
interpretation
of
the
code.
A
Any
person
whose
grief
by
the
decision
of
the
board
may
file
an
appeal
to
the
Court
of
Common
Pleas
such
petition
must
be
filed
within
30
days
after
the
mailing
of
the
board's
resolution
to
the
appellant.
There
are
four
cases
on
the
agenda
tonight:
number:
zero,
seven,
zero:
five
s,
four
numbers:
seven:
nine,
eleven
and
thirteen
foster
places
owned
are
to
Greg
Chapman
is
the
appellant
number
zero?
Seven,
zero?
Six
s?
A
Four:
three:
nine
nine
Richland
Avenue
zoned
b-two
McDonald's
USA
is
the
appellant
number
zero
five
zero
three
C
434
Curtis
Street
zoned
r1
Scott
Grady
is
the
appellant
and
number
zero.
Seven
zero
7
v4,
eight
Clark
Street
zoned
r1
Joseph
Gerolamo
is
the
appellant.
The
board
is
required
by
law
to
take
testimony
under
oath
anyone
wishing
to
speak
this
evening.
Please
stand
to
be
sworn.
A
B
A
C
B
B
B
Mr.
John
Vaillant,
or
is
the
architect
that
drew
those
plans
up
and
he's
the
one
that
I
dealt
with
mostly
at
the
beginning
of
the
situation.
I
told
him
that
he
has
the
agent
for
mr.
Chapman
and
mr.
Chapman
had
the
option
of
approaching
the
board
in
two
different
manners.
One
was
to
come
and
ask
for
a
variance
for
parking.
B
The
other
was
to
request
a
substitution
of
a
non-conforming
use
for
a
not
more
objectionable,
non-conforming
use
and
mr.
ballon
tor
chose
to
go
the
non-conforming
use
route
variances
have
to
be
refused,
and
then
you
have
to
go
through
your
findings.
Substitution
of
non-conforming
use
is
under
original
jurisdiction
of
the
board
I.
Neither
approve
or
refuse
I
simply
forward
the
information
to
the
board.
B
B
B
B
Part
of
the
request
for
the
substitution,
though,
is
to
also
substitute
some
additional
nonconformity
that
particular
nonconformity
being
parking
in
front
of
a
structure
where
parking
is
not
allowed
in
driveways
wider
than
20
feet
on
the
code
in
r1
and
r2
zones
limits
the
access
point
to
a
parking
area
to
20
feet.
The
proposal,
as
you
can
see
from
the
drawing
essentially
will
remove
the
existing
retaining
wall,
move
it
back,
20
feet
parking
will
be
head
indirectly
off
foster
place.
B
Mr.
Chapman
was
before
the
board
a
couple
three
years
ago,
right
across
the
street,
there's
an
indication
on
the
corner
there,
where
foster,
makes
the
turn
of
a
new
building.
Mr.
Chapman
came
and
he
had
two
buildings
on
one
lot,
which
is
a
nonconformity
you're
only
allowed
to
have
one,
and
he
wanted
to
substitute
the
structure.
B
That's
there
now
for
what
he
had
before,
and
the
board
in
that
particular
case
did
approve
that
substitution
to
go
from
two
buildings
to
one
and
I
think
there
were
some
setback
variances
on
that
two
that
were
required
so
there's
in
addition,
there's
you
know
a
proposal
for
demolition
of
two
buildings
with
this
to
reconstruct
single
units
into
duplexes
on
those
two
buildings
on
the
end,
there
are
no
particular
findings
for
substitution.
A
non-conforming
use.
The
board
simply
has
to
find
that
it's
not
more
objectionable.
B
They
also
have
to
find
that
the
uses
proposed
are
permitted
in
the
zone
and
an
r2
zone.
Duplexing
is
permitted,
parking
is
permitted,
so
that's
another
one
of
the
criteria
of
the
three,
and
also
there
can't
be
any
substantial
structural
alterations
unless
the
board
by
resolution
or
by
your
motion
also
acknowledges
the
fact
that
the
driveways
are
wider
than
20
feet
and
the
parking
is
in
the
front
setback
in
front
of
the
structure
where
parking
is
prohibited.
B
B
C
B
A
B
A
B
A
B
B
B
B
B
C
So
if
this
is
the
case,
why
people
just
come
in
here
not
ask
for
a
variance
anymore,
these
asked
for
a
substitution.
It
just
seems
that
it
is
more
lenient
to
to
come
up
with
less
number
of
parking
spaces
than
if
this
was
a
variance.
We
would
have
said
no,
probably
most
likely,
because
you
need
two
one
for
each
person,
but
now
this
interpretation
of
us
for
substitution,
which
you
know
it.
B
There
exist
right
now
at
legal
non-conforming
use
and
that
would
be
occupancy
of
a
building
without
the
required
amount
of
parking.
That's
why
I've
mentioned
previously
that
I
offered
the
appellant
and/or
his
agent,
the
opportunity
to
appeal
to
the
board
in
two
different
manners,
and
they
selected
the
manner
in
which
they
wanted
to
present
the
case.
B
H
Greg
Chapman
v
Hardin
place
Athens
thanks
and
yes,
I
was
before
you.
It
probably
was
four
years
ago
for
a
substitution
and
there
are
some
new
faces
on
on
the
board,
though
there's
a
couple
that
were
involved
in
that,
but
I
did
Steve
pointed
out.
We
took
a
situation
on
conformity
having
more
houses
on
a
lot
of
malaya.
V
had
setbacks
that
were
minimal
and
we
increased
setbacks.
We
increased
parking,
we
increased,
we
decreased
the
building
to
one
and
and
and
made
it
much
more
conforming,
so
I
guess.
H
Well,
it's
similar,
the
the
seven
foster
is
probably
a
similar,
similar
quality
of
houses,
but
those
were
13
is
not
quite
as
bad
that
it's
still
deficient
and
its
functionality
as
a
house
that
I
have
you
I
have
renovated
some,
but
it's
just
smaller
home.
It's
tough
to
make
it
as
energy-efficient
and
tighten
and
nice
as
you
would
alive.
I.
H
The
non-conformities
forces
the
parking
on
the
four
houses
in
question.
Another
nonconformity
is
also
setbacks.
Seven
foster
doesn't
meet
front
setbacks.
Thirteen
foster
does
not
meet
side
setback,
so
you
can
see
the
illustration
of
the
footprint
of
thirteen,
which
would
be
the
fourth
house
down
yeah.
Those.
B
H
H
H
My
property,
which
I
obtained
it
all
at
one
time,
I,
do
pretty
much
treat
it
like
a
unit
development
is
regular
rather
than
individual
else's,
rather
than
a
clan
unit.
Development
I
my
goals,
it's
kind
of
a
plan
unit
redevelopment
take
what
I
have
and
make
the
best
I
can
with
it,
which
I've
been
doing
over
the
years
working
working
with
it.
The
parking
that
I
have
done,
which
is
shown
across
the
street
I
mean
it
was
not
done
to
meet
any
new
construction.
H
H
And
I
have,
with
all
the
parking
that
I
have
over
there
right
now.
I
currently
have
45
parking
spaces
for
those
48
students.
So
with
what
I've
done,
I'm
real
close
with
this
proposal,
it
would
rather
than
48
active
bedrooms.
I
would
have
54,
but
with
the
addition
of
13
parking
spaces,
I
then,
would
have
rather
than
45
minute.
58
I'm
gonna
have
formal
parking
spaces
and
I
have
students
as
it
looking
at
it
as
a
as
a
whole.
H
Parking
spaces,
my
students,
they
get
a
hang
tag
for
my
tenants
and
it's
patrolled
and
towed,
and
yes,
I
do
get
people
that
don't
belong
there.
As
you
know,
it's
like
a
vacuum.
Its
people,
a
neighborhood
which,
like
I,
said
with
this
I,
will
have
a
few
I
currently
right
now,
with
the
students,
I
have
I've
never
had
I've
always
been
able
to
offer
parking
I'm.
So
close,
not
everybody
has
a
car
and
I've
always
been
able
to
have
a
parking
space
for
anybody
that
needs
it
currently
right
at
the
moment.
H
H
H
If
you've
been
over
there,
you
notice
I
do
have
parking
right
off
this,
which
was
that
way
when
I
bought
the
property,
so
I
didn't
have
to
get
permit
to
put
parking
on
the
left-hand
side.
I've
got
now
six
spaces
just
to
the
left
in
hard
surface
parking,
and
it
will
just
be
like
that
on
the
other
side,
but
in
doing
the
other
side
right
now,
there's
a
little
bit
of
a
problem
with
the
turning
radius
of
that
alley.
The
recycling
truck
it's
a
garbage
truck.
H
H
E
H
H
I
H
B
H
H
A
H
B
A
C
H
F
D
A
A
Means
that
it's
scheduled
for
trimming
by
the
you
know
the
power
people.
So
if
he's
gonna
trim
this
one
sometime
soon,
that's
what
that
little
blue
dot
means
but
I
needed
to
know
and
I
called
somebody
in
the
tree
Commission
to
ask.
So
they
know
the
trees
there
and
they
know
that
there's
something
happening
with
it.
H
H
H
A
H
G
A
D
A
B
Did
have
one
other
thing
and
that's
in
the
tree
reference
that
you
made
if
mr.
Chapman
is
successful
in
obtaining
this
substitution
when
he
actually
applies
for
the
building
permits
I'm
according
to
the
landscape,
ordinance,
there's
a
requirement
for
one
large
or
two
small,
shade
trees
for
every
30
lineal
feet
running
along
the
parking
area,
there's
also
a
requirement
for
a
tree
per
unit.
So
if
you,
whatever
the
distances
across
there,
you
divide
it
by
30
and
that'll.
B
Tell
how
many
trees
are
required
to
shade
the
parking
area
and
also
there's
a
requirement
for
one
at
one
tree
to
be
planted
for
each
unit,
so
I'll
be
the
parking
trees
and
then
the
unit
trees,
also
there'll,
be
a
landscape
plan
submitted
if
mr.
Chapman
or
a
submitter
will
be
required.
If
he's
successful
in
this
request,.
E
C
B
Not
familiar
enough
with
the
traffic
code
or
with
the
policies
and
procedures
of
the
Athens
Police
Department
about
backing
out
onto
a
street
I
do
know
that
n,
r1
and
r2
zones
stacking
is
permitted.
So
unless
you
back
into
your
driveway
you're,
always
and
pulling
out
front
front
ways
straight
out,
everyone's
always
backing
out
on.
D
D
B
The
difference,
I
think
what
you
may
be
trying
to
get
to
is
in
starting
in
our
three
zones
and
all
the
business
zones.
Every
parking
space
has
to
be
accessible.
In
other
words,
one
car
doesn't
have
to
move
to
let
ten
cars
out
so
there's
an
accessibility
requirement
in
r3
and
then
all
business
and
manufacturing
zones.
There
is
not
an
accessibility
requirement
in
our
one
and
our
two
zones.
A
A
C
F
A
Is
is
it
yours?
Is
it
the
feeling
of
everyone
on
the
board
that
this
non-conforming
use,
that's
being
requested
suggested,
is
actually
less
objectionable
than
than
the
situation
as
it
stands,
where
we
have
these
four
buildings
that
currently
are
grandfathered
with
only
two
parking
spaces,
and
and
will
it
will
actually
be
increasing
the
number
of
parking
spaces,
but
will
be
increasing
at
a
greater
number
the
number
of
units,
but
since.
C
A
A
A
F
A
G
B
C
B
B
It
says
the
board
may
attach
such
conditions
regarding
the
location,
character
and
other
features
of
both
structure
or
its
use
that
it
may
deem
necessary
the
interest
of
the
furtherance
and
the
purpose
furtherance
of
the
purposes
of
the
zoning
code
and
in
the
public
interest.
So
I
came
pretty
close
to
quoting
that
one
exactly
so,
I
believe
the
board
can't
attach
conditions
to
any
case
that
they
consider
in
order
to
further
the
purpose
of
the
code
and
further
the
public
interest.
B
H
In
talking
that
I'm,
just
thinking
that
when
you
look
at
the
plans,
you
have
nine
foster
what
is
not
conforming
currently
with
no
parking,
if
that
were
sold
off
its
conforming,
it
has
parking
if
11
foster.
It
has
three
spaces
on
that
lot.
If
eleven
foster
were
sold
off
its
conforming,
it
has
parking
which
it
does
not.
Now,
if
13
were
sold
off
yeah,
we
had
three
parking
spaces
for
six
people.
It
would
be
back
to
where
it
is
right.
Now,
three
of
us,
zero.
C
Mr.
Chapman,
that's
true
for
a
lot
of
houses
in
that
means,
because
you
know
it
is
my
grandfather,
their
houses,
they
don't
have
any
parking
if
they
want
to
sell
it,
they
have
to
provide
parking.
So
yeah
I
mean
there
are
many
many
houses
in
Athens
that
don't
have
any
parking
because
they
were
grandfathered.
But
if
they
want
to
sell
the
house,
then
they
have
to
provide
parking
for
the
tenants.
F
B
B
B
A
So
it's
in
grandfathered
status
as
it
stands,
which
is
only
a
couple
of
parking
places
for
all
of
these
buildings
together,
and
the
proposed
changes
would
provide
each
of
the
buildings
with
three
parking
places
which
would
make
two
of
them
conforming
just
straight
up
according
to
code
and
leave
them
the
other
two,
the
remaining
two
in
a
better
state
and
then
they
currently
are
it's
the
way.
I
see
it
well,.
C
A
E
D
D
A
F
A
G
B
Have
there
are
drawings
or
submitted
by
McDonald's
related
to
a
proposal
to
demolish
existing
structure,
399
Richland,
Avenue
and
reconstruct
another
restaurant,
exactly
the
same
use
in
the
2003
revisions
to
the
zoning
code,
it
included
a
prohibition
in
B
actually
started
in
b1
zones
and
B
1,
B,
2
and
B
2
D
Drive
thrus
are
not
permitted,
and
this
in
this
location
in
particular.
Here
the
zone
is
B
2.
So
what
happened
was
when
the
code
changed
it
created?
B
What's
called
a
legal
non-conforming
used,
some
people
call
it
a
grin,
grandfathering,
McDonald's,
because
the
code
changed
was
not
required
to
do
away
with
their
drive-thru,
but
it
was
what
happened
when
the
code
changed.
Was
it
created
a
non-conforming
use
the
sheet,
the
bottom
right-hand
corner
I?
Think
the
smart
2
of
2
is
the
existing
configuration
of
the
building
the
parking
and
the
drive-through
or
the
entrance
exit
points.
As
you
come
down,
Richland
Avenue
there's
one
kind
of
it's:
almost
just
a
single-wide
entrance
exit
point
closest
to
the
downtown
area.
As
you
go
down.
B
If
you're
familiar
with
that
there's
an
area,
then
you
can
turn
into
which
essentially
put
you
going
into
the
drive-thru
window.
You
go
around
the
back
of
the
building.
You
stopped
at
an
order
kiosk
on
the
back,
come
around
to
the
corner,
take
your
food
up
to
the
next
window
and
pick
it
up,
and
then
you
exit
directly
out
onto
Richland
Avenue.
If
so,
that's
the
existing
situation.
If
you
go
to
the
next
page,
this
is
what
the
change
that's
proposed.
B
B
B
The
damage
can
be
by
any
means
is
what
the
code
says.
So
one
of
any
means
is,
you
know
voluntary
destruction,
also,
it's
just
so
just
so.
You
know
about
that
part.
Another
reason
why
they're
in
here
for
this
the
damage
is
but
damage
is
going
to
be
more
than
65%.
The
next
page
shows
what
they
proposed
that
first
little
entrance
when
you
come
down
Richland
Avenue
is
now
turned
into
three
lanes,
one
in
two
out,
so
that's
been
widened.
B
As
you
go
down
the
street,
you
can
see
just
a
continuation
of
a
sidewalk,
no
more
entrance
exit
point
where
it
exists
right
now
to
get
into
the
line
and
then
no
more
point
where
currently
there's
an
exit.
When
you
come
out
of
the
drive-thru.
There
is
a
proposal,
though,
if
you
look
further
up
further
down
Richland
Avenue
there's
going
to
be
another
exit
point
which
is
further
down
and
at
a
greater
distance
from
the
one
proposed
than
any
of
the
situation
that
exists
right
now.
B
B
I
guess
I'll
go
ahead
and
I
measured
the
distance
from
the
curb
line
at
Richland
Avenue
back
to
the
order
kiosk
the
way
it
exists
right
now,
it's
about
120
feet
from
the
point
at
which
access
will
be
gained
from
Richland
Avenue
has
proposed
to
the
male.
The
ordering
kiosk
is
about
380
feet
is
what
they
proposed,
so
it'd
be
a
much
longer
distance
for
cars
to
get
off
the
public
street
and
onto
private
property
as
they're
waiting
to
order
and
pick
up
food.
B
Just
so
you
know,
landscape
plans
been
forwarded,
a
tree
Commission
for
their
review
already
I'm
now
in
discussions
with
George
Meyers
ODNR
floodplain
management
division.
That's
part
of
the
division
state
division
of
water,
because
this
property
is
also
located
in
a
special
flood
hazard
area.
But
again
those
are
things
that
won't
be
necessary
to
accomplish.
If
the
board
does
not
grant
the
substitution.
B
G
G
B
Thing
too,
just
so,
you
know
they
have
given
me
some
information
to
review
on
signage,
that
I
have
completed
reviews
on
overbeat
earning
a
return
in
response
to
them
in
writing.
Concerning
their
signage.
There
are
some
possibilities
of
signage
that
will
meet
the
requirements
if
they
choose
not
to
do
that,
they
have
the
option,
then,
to
come
back
to
the
board
and
ask
for
a
sign
variance.
B
B
B
B
A
E
K
Hi,
my
name
is
Mark
MOX
I'm
with
McGilvery
DD,
anno
and
MOX.
We
are
the
engineers
and
surveyors
that
prepared
the
plans
that
you're
looking
at
here
tonight.
What
I
wanted
to
go
over
was
one
of
the
questions
you
did
ask
is:
why
are
is
McDonald's
looking
at
rebuilding
this
particular
location
McDonald's
does
is
throughout
the
country.
They
look
at
viable
candidates
for
their
rebuild
program.
K
They
look
at
a
number
of
different
factors
when
they're
looking
at
it,
they
look
at
drive-thru
flow.
They
look
at
the
age
of
the
building.
They
look
at
the
amount
of
money
that
it
may
take
to
continue
to
maintain
this
building
with
the
more
efficient
mechanical
units
that
are
out
now
replacing
the
ones
that
are
on
this
building.
It
would
actually
cost
more
to
replace
these
than
it
would
be
to
put
new
ones
onto
a
new
building,
so
they
look
at
those
types
of
things.
They
also
look
at
the
kitchen
equipment.
K
That's
in
there
the
new
equipment
is
more
efficient.
Just
the
whole
design
of
the
buildings
are
now
more
efficient
for
the
operations
of
running
the
restaurant,
and
so
that's
why
they
look
at
these
as
candidates,
for
it
obviously
there's
a
number
of
steps
that
we
have
to
go
through
this
being
the
first
one
before
we
can
actually
make
a
determination
that
this
is
the
you
know
going
to
happen.
If,
if
it
for
some
reason,
we
would
not
be
able
to
receive
approval
tonight,
then
we
would
have
to
look
at
other
options.
K
Obviously,
because
the
drive-through
is
very,
very
important
to
a
McDonald's
restaurant
I.
Don't
know
the
exact
numbers
for
this
particular
location,
but
you
can
look
at
sometimes
half
or
more
of
your
business
going
through
the
drive-through.
So
a
drive-through
is
very,
very
important
to
McDonald's.
They
like
this
location,
they
think
it's
an
important
location
and
with
the
redesign
and
a
new
building
and
so
forth,
they've
actually
made
a
number
of
improvements
over
the
existing
design
and
what
I
can
go
back
to
if
I
step
up
here,
I'm,
not
gonna,
be
able
to
be
heard.
K
K
Is
actually
a
dedicated
drive-through
lane
building
but
with
to
drive
through
water
stations?
That
does
a
number
of
things
for
the
restaurant.
It
allows
to
keep
the
cars
from
stacking
back.
What
McDonald's
has
found
that
is
that,
no
matter
how
fast
they
can
make
the
food
and
give
the
food
to
the
people,
if
you
have
somebody
coming
through
the
drive-through,
that
has
a
very
large
order,
and
you
have
somebody
coming
through
that
just
wants
a
cup
of
coffee
that
can
hold
up
the
whole
process
if
the
person
with
the
large
orders
in
front.
K
C
K
Right
and
then,
when
you
get
to
the
point,
there's
also
some
additional
signs,
so
there's
many
boards
that
are
placed
into
each
location
and
also
the
order
stations
and
then,
when
the
cars
proceed
around
McDonald's
controls
who
goes
first,
who
will
come?
Who
will
be
released
to
go
through
the
drive-through
them
at?
At
that
point
of
time?
There
was
also
cameras
that
are
placed
so
that
they
can
see
at
the
same
time,
inside
the
restaurant
who
proceeded
forward
and
so
forth.
K
K
They're
able
to
utilize
this
area
without
conflicting
it
all
of
the
cars
right
now
we
have
cars
on
both
sides
of
the
building,
and
anybody
on
this
side
actually
has
to
walk
through
the
drive-through
lane
and
so
forth.
The
other
way
out
so
this.
Actually,
when
you
look
at
it,
it
has
a
number
of
positive
contributions
being
made
to
this
development
and
which
is
the
reason
why
Dawn's
was
chosen
as
candidate
because
it
could
really
improve
the
situation.
That's
here.
K
C
Think
I
saw
one
today
in
Columbus
that
they
were
rerouting
people
to
go
into
perimeter
area
I
mean
are
they
blocking
off
and
they
would
not
interfere
with
the
people
who
are
parking
in
the
middle,
because
there's
gonna
be
a
lot
of
traffic
line.
People
are
going
to
be
going
parking
going
and
people
have
to
way
stop.
K
C
You
can
maybe
I
can
show
you
in
here
coming
in
here,
yes
and
going
behind
behind
this
parking
space
it
going
like
from
here
and
move
everything
forward
and
drive.
This
way
go
through
here
and
drive
this
way
back
and
block
it
off.
You
know
and
push
everything
inside
this
space
for
the
parking
aspect
and.
K
K
C
K
K
K
It
would
be
very,
very
difficult
to
try
to
save
a
portion
of
that
building
design
from
McDonald's
actually
uses
standard
buildings
that
they've
designed
for
a
lot
of
reasons.
One
is
in
accessibility
and
in
their
kitchens
because
they're
they
have
equipment,
that's
being
manufactured.
It's
only
a
certain
size
so
trying
to
do
a
special
building
like
that.
B
E
C
A
Thank
you,
I
didn't
see
any
in
here,
but
is
there
anyone
here?
Speaking
in
favor
in
general,
comment
in
opposition
and
Steve?
Did
you
have
anything
further
that
you
needed
to
say
in
general
comment?
No!
Thank
you.
In
that
case
the
comments
from
the
Florida
closed
and
we're
ready
to
decide
what
to
do
here.
A
C
In
case
Oh
706
s,
zoned
b-two
399,
Richmond
Avenue
acknowledged
USA
I
moved
to
grant
the
request
for
a
substitution
under
non-conforming
use
for
a
not
more
objectionable
non
confronting
non-conforming
use
to
substitute
a
drive-through
restaurant.
With
a
vineyard
holder,
storage
Lane
of
120
feet
in
length
with
a
drive-thru
restaurant
with
a
vehicle
storage
lane
of
380
feet
or
drive
to
rule.
Restaurants
are
prohibited.
C
A
D
A
C
B
A
A
B
The
code
says
now
that
that's
has
to
be
permitted
by
a
conditional
use.
Permit
conditional
use
permits
are
also
something
under
what's
called
the
original
jurisdiction
of
the
board,
when
I
have
an
application
for
a
conditional
use,
I
don't
approve
it,
refuse
it
I
just
forward
it
immediately
to
the
court.
B
B
The
first
one
was
that
there
would
be
no
on-site
sales.
The
second
was
sales
would
only
occur
where
retail
activity
is
permitted.
The
third
was,
the
activity
would
be
confined
to
a
single
lot.
That's
presented
in
the
plans
for
the
installation
of
a
privacy
fence
would
occur
at
the
front
of
the
property
and
five
that
the
board
would
review
the
case
in
two
years.
So
that's
why
we're
here
tonight
after
that
in
July,
mr.
B
Grady
came
back
and
he
preferred
rather
than
to
have
a
fence
that
was
one
of
the
original
conditions
that
he'd
be
able
to
install
I
believe
what
he
called
a
living
screen,
some
plantings
in
lieu
of
the
fence
and
in
July.
Oh
five,
the
Board
found
by
vote
of
four
to
one
to
request
a
substitution
of
a
live
planting
screen
as
presented
to
the
board
for
the
previously
required
wooden
fence,
and
then
there
were
four
conditions
attached
to
that.
B
A
portion
of
the
screen
is
to
be
a
minimum
of
six
feet
in
height
to
the
planting
spaced,
according
to
recommendations
to
ultimately
block
the
view
of
the
rear
yard.
Three,
the
plantings
were
to
be
completed
no
later
than
October
15
2005
and
for
the
plantings
would
be
maintained
so
long
as
the
conditional
use
existed.
B
A
B
C
A
F
A
E
B
G
E
B
B
B
A
A
J
E
A
E
B
A
C
D
C
I
F
I
G
D
B
B
B
B
J
Pretty
much
I,
just
if
you
say
it's
okay,
I'd
like
to
just
keep
with
them,
keep
on
doing
what
I'm
doing.
For
the
past
two
years,
I've
been
growing
vegetables
and
backyard,
and
every
Saturday
I
I,
take
them
to
market
I,
haven't
I,
haven't
heard
any
direct
or
indirect
complaints
or
issues
people
in
the
neighborhood
seem
like
they
support
the
activity
there
and
if
you
have
any
questions,
I'd
be
happy
to
answer.
If
I
can
not.
J
Much
right
after
the
last
hearing
which,
which
is
when
it
was
agreed
upon,
I,
started
planting
them,
which
in
retrospect
was
a
mistake,
because
many
of
them
died
in
this
summer
had
to
be
replaced,
and
then
some
more
died
in
the
fall
and
right
now,
I've
just
got
one
dead,
one
that
needs
to
be
replaced.
So.
J
Right
now,
they're,
you
know
about
as
tall
as
me
and
I
would
let
him
grow
a
little
taller.
Just
he
said
six
feet
and
I
think
that
it
would
they
would
want
you'd
want
them
to
be
a
little
taller,
so
you
didn't
have
to
look
back
there
at
all,
so
I
always
thinking
maybe
about
10
feet.
They
made.
You
grow
that
tall.
For
my
understanding,
the.
J
B
J
J
A
G
G
G
D
A
A
F
J
I'd
be
I'd
used
them
before,
mostly
in
the
springtime
to
get
started
partially,
because
I
figured
I'd,
wait
and
see
how
the
hearing
went.
I
just
delayed
that
and
for
my
purposes
growing
for
market
I
didn't
find
them
that
useful
economically
so
far,
so
I'm
not
sure
that
I
would
continue
using
them
for
market
purposes
anyway.
C
A
C
A
B
It's
your
decision,
I,
don't
know
of
any
case.
Well,
I've
been
employed
for
the
city,
that's
13
years.
There
has
never
been
a
condition
that
I
can
recall
where
someone
had
to
reappear
before
the
board,
so
this
is
the
first
one
that
I
have
any
kind
of
a
association
with
it's
up.
It's
the
pleasure
of
the
board,
whatever
they
want
to
do.
Some.
F
B
C
B
I
A
A
E
F
G
A
Right
our
our
last
case
this
evening,
it
was
for
8,
Clarke
Street,
and
this
one
is
a
variance
request
and
Steve.
What
was
the
reason
for
putting
down
this
r1
variance
request.
G
B
This
particular
case
has
to
do
with
a
property
located
at
8
Clarke
Street
on
this
copy
of
tax
plat
that
you
have
the
intersection.
At
the
right
hand,
side
is
the
intersection
at
Central
Avenue,
it's
right
over
by
the
code
office
I'm
right
across
the
street.
We
see
torille
development
company,
that's
the
old
Sheltering
Arms
Hospital
right
across
the
street
somewhere
along
the
line
this
when
this
subdivision
was
plant
platted.
There
was
a
lot,
looks
like
our
2078
on
this.
It
says
doctor.
It
says:
James
finger
doctor
finger
used
to
live
in
that
house.
B
B
The
lot
that
was
left
over
or
the
lot
that
was
created
is
only
30
feet
wide
and
forty-six
point
nine
five
feet
deep,
so
nowhere
near
the
minimum
8,000
square
feet
that
would
be
required
today,
but
again
with
the
adoption
of
subdivision
regulations
and
the
zoning
code
properties.
Like
this
are
called
legal
non-conforming
uses,
there
is,
however,
a
section
in
the
code,
and
this
is
related
to
parking.
F
B
Went
to
the
county
auditor's
website
and
print
it
off
the
footprint
of
the
building.
That's
there
right
now,
there's
a
there's,
a
front
portion,
the
building,
that's
six
feet
wide
and
then
the
structure
itself
is
or
deep
30
feet.
Deep.
So
of
the
forty
six
point,
nine
five
foot
depth
of
a
lot
thirty
six
feet
of
that
is
actually
covered
by
house.
So
there's
only
and
I'm
going
to
assume,
because
about
half
that
car
is
looks
like
it's
on
the
lot.
B
B
Well,
places
that
convert
from
rental
back
to
owner-occupied.
We
keep
a
record
of
those
at
the
code
office.
We
have
a
no
longer
rental
file.
The
last
approved
permit
that
we
have
for
that.
Property
was
approved
in
1994
the
owner
at
that
time
was
able
to
obtain
a
permit
without
the
required
parking,
because
in
1994
parking
had
not
yet
become
a
legislatively
mandated
requirement.
B
Maybe
the
appellant
can
explain
this
a
little
more,
but
I
do
see
in
the
file
some
letters
sent
from
the
code
enforcement
office
regarding
the
property
and
the
necessity
to
obtain
a
rental
permit
if
they
wish
to
rent
the
property.
I'm
I
do
see
in
the
file
in
October.
I
did
refuse
an
application
to
convert
to
rental
because
there
were
not
a
minimum
of
two
on-site
parking
spaces.
B
The
requested
occupancy
is
for
two
people,
not
three,
so
this
is
located
in
an
r1
zone.
The
maximum
number
of
unrelated
persons
I'm
allowed
to
reside.
There
is
three,
but
the
request
is
only
for
two
I
also
see
a
letter
in
the
file
from
myself
to
the
owner,
dated
October
5th,
that
explains
their
options,
sell
the
property
to
someone
who
actually
reside
there,
and
then
there
is
no
parking
requirement
because
it's
not
being
converted
to
rental
or
appeal
before
appeal
for
a
variance
to
the
board,
which
is
what
they've
decided
to
do.
C
B
Whole
city
of
Athens
is
posted
as
you
come
into
town
that
24-hour
parking
is
enforced
and
we
do
have
one
person
who's,
a
member
of
the
meter
division
of
the
police
department,
who
basically
does
the
whole
town
every
day
and
I'm
sure
anybody
that
lives
in
town
knows
that
there's
pretty
diligent
enforcement
of
that
of
that
law.
They'll
come
out.
B
B
B
B
There
have
been
cases
in
the
past
where
someone
wanted
to
rent
a
property
and
they
had
existing
parking
that
was
partially
on
the
right
away.
They
were
required
to
go
to
City
Council
and
ask
for
revocable
license
for
use
of
the
right
away
had
that
situation
happened,
place
down
on
Richland
Avenue,
any
time
that
you
change
something
and
you're
parking
that
you
need
isn't
on
your
property
and
partially
on
the
right
away.
You're
required
to
go
back
and
ask
for
that.
Revocable
license.
B
B
The
thing
about
legal
nonconformity
is
as
long
as
you
don't
change
it.
You
know
you
put.
The
status
quo
is
a
good
thing,
but
when
there's
a
request
to
change,
then
all
of
these
other
other
things
kick
in.
What
grande
well
grandpa.
Had
you
know
if
you
want
to
change
it?
It's
it's
changed.
You
have
to
meet
the
new
requirements,
but
as
long
as
you
maintain
it
the
way
it
is,
there
isn't
any
problem.
E
E
M
My
name
is
Colin
Geronimo
I
live
at
8,
Clarke,
Street
Athens,
if
it's
all
right,
I'll
just
read
the
letter.
The
owner
prepared,
okay
to
the
board
mr.
Joseph
Gerolamo
regarding
the
rental
property
at
8,
Clarke
Street,
Athens
Ohio
request
for
a
variance
of
the
minimum
required
off
street
parking
spaces.
I
am
requesting
a
zoning
permit
for
a
two
unit,
rental
with
0aa
Street
parking
spaces.
M
If
the
general
purpose
of
the
zoning
code
is
to
maintain
a
safe
and
good
looking
neighborhood,
then
granting
this
variance
will
be
in
accordance
with
that
intent.
If
this
variance
is
not
granted,
there
would
be
no
way
for
this
an
attractive
house
to
fit
in
the
existing
athing
zone.
Athens
zoning
code.
Granting
of
this
variance
would
not
be
injurious
or
detrimental
to
the
public
welfare.
The
particular
circumstances
related
to
the
property
that
require
variance
is
the
fact
that
the
house
that's
on
the
proverbial
postage
stamp.
M
The
property
lines
around
this
structure
are
measured
in
inches
from
the
building.
The
South
property
line
is
four
feet
from
the
rear
of
the
house.
The
West
property
line
is
three
feet
from
the
house.
East
property
line
is
9.6
inches
from
the
side
of
the
house.
I've
already
been
informed
by
the
Athens
code
official.
That
parking
in
front
of
this
house
is
not
allowed,
there's
simply
nowhere
for
the
parking
spaces
around
this
building.
These
circumstances
do
not
apply
to
other
properties
in
the
area
because
they
have
adequate
surrounding
property
or
driveways
for
parking.
M
M
Strict
application
of
the
zoning
code
or
require
I'm
sorry
would
create
a
hardship
and
that
this
property
could
not
comply
with
the
code,
regardless
of
which
one
is
used.
I'm
sorry,
which
use
is
requested.
Granting
this
variance
would
allow
reasonably
use
of
this
property.
Granting
this
variance
will
in
no
way
and
pay
the
supply
of
air
or
light
to
adjacent
properties.
M
Granting
of
this
variance
will
not
increase
congestion
of
the
public
streaks
public
street
side.
Clark
Street
has
adequate
with
to
allow
on
street
parking
granting.
This
variance
will
facilitate
continued
ownership
and
maintenance
of
this
property
by
a
reason,
by
responsible
owner
this
appellant,
which
will
have
a
positive
impact
on
surrounding
property
values.
This
rider
is
unaware
of
if
this
variance
would
confer
special
privileges
on
this
property.
This
property
is
one
of
two
rental
units
on
that
side
of
the
street,
for
the
entire
block.
M
The
other
rental
unit
has
adequate
parking
in
the
rear
of
the
building.
The
property
to
the
east
of
my
property
is,
is
the
side
yard,
so
parking
would
not
be
an
eyesore
to
my
neighbors,
as
mentioned
above,
the
surrounding
properties
have
adequate
property
and
off
street
parking
that
appears
to
be
in
accordance
with
the
zoning
code.
Again
I
am
requesting
you
grant
a
variance
to
allow
on
street
parking
for
this
two-bedroom
rental
unit,
some
Joseph,
although.
A
G
If
he
stays
with
the
single
owner,
then
you
won't
have
to
be
here,
but
he's
asking
a
variance
for
two
parking
spaces
for
a
rental.
Is
that
my
understanding
yes
said
in
this
letter
it
would
have
an
effect
and
I'm
saying
it
wouldn't
have
an
effect
class
state,
a
single-family.
He
would
not
even
have
to
appear
here
yes
correct
by.
B
A
B
A
A
B
A
B
Again,
to
clarify
I
think
some
confusing
statements
that
have
been
made
in
several
cases
tonight.
If
you
have
a
house
with
no
parking
or
less
than
required
parking
and
you
live
in
it
and
you
want
to
sell
it
to
someone
who
wants
to
live
in
it.
There's
no
there's
no
retrofit
parking
requirement
that
only
kicks
in
whenever
you
want
to
rent
it
in
2003.
A
B
D
B
Findings
board
has
to
go
through
our
practical
difficulty
and
undue
hardship
you
have
to.
You
can
determine
that
there
is
some
practical
difficulty
you'll
do
that
as
you
do
go
through
your
discussion.
The
second
finding
you
have
to
find
is
that
there
are
exceptional
circumstances
pertaining
to
the
lot
that
are
not
common
to
other
Lots
in
the
area,
so
you're
just
going
through.
This
is
the
first
case
tonight,
where
you're
just
going
down
through
your
normal
six
findings.
Of
fact,.
G
B
Would
think
that
myself
I'd
be
very
upset
if
somebody
sold
me
a
prop
personally
I'd
be
upset
if
somebody
stole
my
property
and
didn't
clarify
the
fact
that
I
couldn't
run
it.
But
that's
just
me
personally
see
what
I'm
saying
I
can
only
speak,
that
it's
a
violation
of
the
law
to
try
to
rent
something
without
parking
yeah.
So
that's
that's
a
whole
different
issue
that
I
my
office
doesn't
get
involved
in
that
kind
of
thing.
I
would
hope
that
every
realtor
in
town,
though,
would
and
as
a
matter
of
fact
most
of
them
do.
B
We
have
referrals.
We
have
people
come
in
the
office
all
the
time
that
want
to
pull
out
folders
every
place
in
town
that
has
some
legal
nonconformity
to
it.
It's
noted
in
the
rental
file
I'm
and
sends
75
percent
of
the
town's
for
rent.
That's
quite
a
bit
of
the
housing
stock.
Realtors
are
using
the
code
office
as
a
resource
all
the
time,
so
are
potential
buyers,
so
most
people
are
taking
advantage
of
the
record
kind
of
the
institutional
knowledge
of
my
office
and
the
local
requirements.
A
A
B
A
B
Think
that
would
be
a
good
way
to
clarify
the
record.
If
that's
the
intention
of
the
board
and
someone
could
make
a
friendly
amendment
to
add
the
condition
that
the
appellant,
if
well
the
appellant,
has
to
approach
City
Council
to
request
a
revocable
license
for
use
of
the
right
away
for
the
existing
parking
space.
F
A
A
A
B
And
the
reason
I
pointed
it
out
to
another
thing
that
I
pointed
out
is
that
it's
not
really
a
spot
on
the
street.
It's
not
really
spot
on
the
lot.
That's
why
I
noted
that
the
other
one
of
the
other
non-conformities
that
it
has
is
it's
parking
right
in
front
of
the
structure.
That's
not
permitted!
Also,
you
know,
there's
been
discussion.
I
would
say
to
this
point:
you've
acknowledged
that
it's
not
legitimate
for
them
to
park
robbed
at
least
brought
it
to
your
attention
that
it's
not
this.
B
Knew
you
couldn't
park
in
front?
There
is
no
right
now.
There
is
no
section,
the
code
that
says,
and
if
you
convert
to
rental,
you
have
to
come
up
with
the
parking
spaces
and
they
cannot
be.
You
know
in
an
improper
or
an
illegal
area.
It's
not
that
sophisticated.
So
this
one's
a
little
bit
different
well.
A
A
B
G
A
A
B
A
G
A
L
A
C
A
Satisfies
everybody:
this
is
not
how
the
other
places
are.
They
don't
generally
apply
to
other
properties
in
the
same
zoning
district.
Nobody
else
has
a
house
that
covers
the
entire
property,
equal
property
rights.
Literal
interpretation
of
the
code
would
deprive
a
balance
of
the
right
to
rent
their
houses,
which
is
something
enjoyed
by
others
in
the
same
vicinity.
C
E
C
A
E
E
G
G
A
L
A
A
B
The
entire
neighborhood
has
owned
r1
single-family
residential,
where
parking
is
not
permitted
for
anyone
other
than
the
resident
of
a
property.
On
the
other
side
of
current
Drive,
however,
that's
zone
r3
where
parking
lots
are
permitted,
and
so
there
is
parking
at
the
city,
water
and
sewer
garage
behind
a
locked
gate.
There's
parking.
B
There
is
a
little
bit
of
parking,
it's
not
behind
the
gate
of
Water
and
Sewer
code
officers,
a
little
bit
of
parking
in
front
of
the
building
and
quite
a
bit
of
parking
behind
a
locked
gate.
There's
parking
along
Currier
street
on
property
owned
by
American
Electric
power,
and
there
is
parking
in
the
r3
portion
of
West
elementary
school.
B
So,
if
you're
looking
at
250
feet
away
where
parking
is
permitted,
it's
AEP,
the
city
or
the
school
could
be
parking
at
a
greater
distance
than
that.
Probably
the
closest
place,
I,
don't
know
where
the
next
closest
place
would
be
where
there
might
be
some
lease
parking
available.
Hdl
Center,
possibly.
G
A
B
A
B
Think
just
be
a
good
time
for
the
board
to
discuss.
Would
they
consider
within
less
than
a
year
a
reapplication
if
they
proposed
some
lease
parking
at
some
location?
That
would
be
a
significant
enough
change.
You'd
have
to
determine
and
it's
good
you
brought
that
up
yeah.
Is
that
a
significant
enough
change
that
they
can
come
back
say
the
next
meeting
or
is
it
not
significant
and
therefore
they
have
to
wait
at
least
one
year?
Okay,.
B
B
The
gentleman
wanted
to
put
in
a
driveway
that
was
too
narrow
during
the
course
of
the
discussion
that
the
board
had
they
said.
Well,
can
you
lease
some
parking
somewhere
and
that
was
incorporated
into
the
resolution
of
the
board?
The
person
who
lived
next
door
argued
that
the
case
had
not
been
advertised
as
offsite
parking.
It
had
been
advertised
as
a
driveway
that
was
too
narrow,
so
I
recommend
that
you
act
on
this
application
and
then
allow
them
to
reapply
okay.
A
B
A
Thank
you
all
right.
We
were,
we
were
going
through
minimum
variance
and
know
the
minimum
variance
required
to
make
reasonable
use
the
property
absence
of
detriment.
It
must
be
determined.
The
granting
of
the
variance
would
not
be
a
substantial
detriment
to
adjacent
properties
norm
pair
the
purposes
of
the
code
of
the
public
interest
comments.
C
G
A
The
other
hand,
we
don't
have
any
neighbors
here,
complaining
that
there's
there's
a
problem
all
right
and
then
not
of
a
general
nature,
with
the
variance
that
they're
seeking
be
better
handled
by
changing
the
law.
The
law
was
changed
for
just
this
purpose.
So
unless
something
thanks
differently,
are
we
ready
to
vote
on
this
one?
No.
D
A
A
A
D
G
A
A
Agreed,
okay
minutes
are
approved,
and
that
was
the
last
thing
we
have
to
do
so.
We're
adjourned.
No
one
last
thing
we're
still
needing
one
more
member
on
our
board,
and
this
is
a
plea
for
anybody
who's
interested
in
what
we
did
with
anything
wanting
to
join
us
to
make
an
application
to
the
mayor's
office.
Okay,
now.