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From YouTube: Board of Zoning Appeals Meeting 11-13-07
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A
Okay,
so
I'm
going
to
call
the
meeting
to
order.
This
is
a
meeting
of
the
Athens
Board
of
Zoning
Appeals.
The
time
is
7
p.m.
the
date
is
November
13
2007.
Our
board
consists
of
five
members
and
two
alternates
and
alternate
takes
full
part
in
discussions
of
the
board
and
becomes
a
voting
member
in
the
absence
of
conflict
of
interest
of
a
regular
member.
So
far
present
this
evening,
Betty
hallow
project
Cruiser
and
myself,
Muriel
Frederick.
A
Also
present
our
Zoning
Administrator
Steve
Pearson
Paul
Assenmacher
acting
secretary
and
Michael
Miller
from
the
cities
law
director's
office
and
the
boarder
operates
according
to
the
following
procedure:
the
chair
names
and
describes
the
case,
the
Zoning
Administrator
sites.
There's
the
specifics
of
the
refusal,
the
appellant
or
a
representative,
then
states
of
the
case
we're
granting
the
appeal
testimony
next
is
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.
A
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,
section
23,
7,
o
3
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.
A
Public
safety
and
welfare
secured
and
substantial
justice
done
athens
city
code,
section
23
on
I'm
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,
the
first
is
practical
difficulty
or
undue
hardship.
There
must
exist
a
practical
difficulty
or
an
undue
hardship
caused
by
exceptional
circumstances
or
conditions
pertaining
to
the
specific
piece
of
property.
A
The
exceptional
circumstances
or
conditions
must
that
apply
to
the
property
or
it's
an
extended
new
use
must
be
such
that
they
do
not
in
general,
apply
to
properties
in
the
same
zoning
district
and
for
number
three.
It
must
be
determined.
Literal
interpretation
of
the
code
would
deprive
the
appellant
of
rights
commonly
enjoyed
by
others
in
the
same
vicinity
running
the
variance
would
not
convey
a
special
privilege
number
four.
A
It
must
be
determined
that
the
variance
is
the
minimum
that
is
required
to
make
reasonable
use
of
the
property
number
five.
It
must
be
determined
that
the
granting
of
variance
will
not
be
of
substantial
detriment
to
adjacent
properties,
Norma
T,
really
impaired
the
purposes
of
the
code
or
the
Public
Interest.
And
lastly,
the
variance
sought
must
not
be
of
such
a
general
a
recurring
nature
that
the
situation
would
more
reasonably
reasonably
be
handled
by
changing
the
law.
A
A
Anyway,
give
me
an
opportunity,
my
voice
back,
but
I
didn't
nevermind
this.
The
last
of
the
six
criteria
is
that
it
not
be
the
variance,
so
it
must
not
be
of
a
general
or
recurring
nature
such
the
situation,
but
more
reasonably
be
handled
by
changing
the
law.
Okay,
then,
oh
I've
done
that
and
we've
only
got
one
case
on
the
agenda
tonight.
It's
number
oat
7
116,
462
Sunnyside
drive,
which
is
zoned
r1,
Jack
Stouffer's,
our
talent
I
mean
the
board
is
required
by
law
to
take
testimony
under
oath.
A
C
A
C
D
C
There's
some
sections
in
the
code
say
the
board
asked
to
look
at
things
in
light
of
the
comprehensive
plan
and,
for
example,
you're
going
to
get
something,
probably
at
your
next
meeting,
with
a
recommendation
from
the
Planning
Commission
regarding
a
business
use,
variance
and
that
same
section.
The
zoning
code
says
the
Planning
Commission
has
to
make
their
recommendation
with
consideration
for
the
comprehensive
plan
that
was
scheduled
for
the
last
for
the
November
first
meeting,
the
Planning
Commission.
D
A
C
C
A
A
E
E
A
A
C
Have
the
city
tax
plat
of
the
area
basically
to
show
illustrate
the
size
of
the
Lots
in
that
area?
I
think
that's
the
biggest
thing
you
can
pick
that
office
most
of
the
Lots
in
that
area,
55
by
100,
so
they're
5,000
square
feet,
which
is
a
3,000
square
foot
reduction
from
the
minimum
blotter
of
8,000
square
feet.
That's
now
required.
C
C
C
C
C
30%
lock
our
just
figured
on
a
the
lot
size,
not
on
an
8,000
square
foot,
so
you're
already
a
disadvantaged
percentage
square
footage-wise,
because
your
percentage
is
based
on
a
lower
area.
Again
34%
I
believe,
is
the
request
where
30%
is
the
maximum
lot
coverage
permitted,
so
it's
4%
over
and
to
maintain
those
existing
non-conforming
setback,
you're
going
to
have
three
feet
on
the
right-hand
side
setback.
C
C
C
C
F
F
So
I
like
the
garage
to
be
a
little
bit
bigger
I,
won't
make
it
either
I'm
gonna
make
it
any
taller
or
no
more
than
like,
just
two
or
three
or
four
inches
taller
than
it
is
now
just
because
of
the
whatever
the
pitch
of
the
roof
and
it'll
be
a
nicer
structure
for
the
neighbors
to
look
at.
As
well
as,
of
course,
a
nicer
structure
for
me
to
enjoy
as
you,
if
you
looked
at
the
file,
you
saw
that
mr.
F
Steadman,
who
is
on
my
immediate
side
as
his
letter
points
out,
the
house
numbers,
don't
indicate
that
he's
my
next-door
neighbor,
but
indeed
he
is,
and
he
makes
reference
I
know
when
you
guys
decide
a
case.
You
never
set
precedent,
but
he
pointed
that
out
to
me.
He
points
out
in
this
letter
that
he
apparently
received
the
same
variances
that
I'm
seeking
when
he
was
building
his
garage,
the
number
of
years
or
whatever
board
that
was
I'm,
not
sure
about,
and
mr.
John
Jones,
who
was
behind
me.
F
We've
had
occasion
to
do
business
in
the
past
one
when
I
was
in
business
and
I
used
to
be
his
neighbor
when
I
lived
at
64
Elmwood,
where
I
also
sought
a
variance
of
either
very
similar
or
exactly
the
same,
because
there
was
an
old
junky
garage
over
there
that
I
wanted
to
tear
down
and
build
a
new
one
and
I
had
received
that
variance
the
other
people
on
the
list.
Mr.
Mathers,
who
lives
across
the
street,
he
did
not
inquire
and
I
did
not
approach
and
the
lady
lives
directly
across
the
street.
F
Kirsten
did
not
bring
it
up
to
me.
I
spoke
with
mr.
Lueck
briefly,
and,
of
course
it's
apparent.
If
you
looked
at
the
plaque,
we
had
the
initial
information
that
mr.
Zola
apparently
enjoys
in
excess
of
30%
watt
coverage
and
has
a
two-car
garage,
as
does
mr.
Steadman,
so
I'm,
trying
to
ask
for
no
more
than
the
minimum
increase,
my
property
values
and
enjoyment
of
my
property
as
well
as
of
course,
then
we
improved
the
aesthetics
to
the
to
the
neighbors.
F
I
will
not
build
a
garage,
of
course,
any
closer
to
mr.
Steadman
now
and
in
regards
to
mrs.
Richter
and
mr.
Jones
in
the
rear,
because
the
folks
may
or
may
not
have
noticed,
there's
been
a
brick
wall
constructed
between
the
properties
on
Elmwood
and
Sunnyside,
and
actually
I'm
not
gonna
build
the
garage
back
as
far
back
on
the
lot
that
it
is
now.
It's
actually
gonna
be
a
little
farther
away
from
mr.
Jones
and
the
Richter's
property
line.
F
Excuse
me
by
I,
don't
know
four
five,
six
seven
eight
inches
so
is
to
not
disturb
the
existing
nice
brick
wall.
That
is
right
in
between
the
properties,
so
it
really
won't
be
as
far
to
the
rear.
It'll
be
moved
up
slightly,
but
just
ever
so
slightly
it'll
be
slightly
further
away
from
the
property
line,
but
definitely
not,
of
course,
within
the
five
feet
that's
requested
and
for
me
to
be
able
to
build
the
garage
five
feet
from
the
property
line
of
mr.
F
F
Equal
property
rights.
Like
I,
say:
there's
people
on
the
street
in
the
neighborhood
who
are
enjoying
two-car
garages
that
may
or
may
not
be
in
compliance
with
the
code
may
or
may
not
have
I
been
granted
a
variance
but
I
like
to
do
things
by
the
book
and
I'm
here
to
request
the
minimum
variance
to
be
able
to
rebuild
the
garage.
F
B
F
F
B
F
F
And
I'll
point
out
as
a
pendant
may
or
may
not
be
a
factor
to
you
folks,
but
when
spring
comes-
and
you
have
occasion,
if
you
grant
this-
and
you
have
occasionally
come
down
by
there,
you're
gonna
see
a
really
nice
structure
with
all
new
concrete
with
drains
in
the
concrete.
So
the
water
won't
be
running
off
into
my
backyard
into
mr.
Stemmons
backyard,
as
well
as
later
on.
In
this
summer,
you're
gonna
see
a
very
finely
landscaped
yard,
both
in
front
or
the
passerby
to
enjoy,
as
well
as
the
backyard.
E
F
I,
just
I
just
want
to
point
out
that
it's
done
that
mr.
Jones
has
given
me
a
very
nice
endorsement,
as
far
as
how
he
believes
I
conduct
business
and
and
complete
my
projects
in
the
past
and
I
guarantee
that
I
will
not
disappoint
mr.
Jones
nor
the
board
nor
the
citizens.
In
what
they're
gonna
see
when
I'm
done
as
well
as
mr.
F
Steadman
indicating
that
he
has
been
granted
similar
variances
at
some
point
in
time
by
some
board,
which
may
or
may
not
have
any
bearing
on
the
situation,
and
that
we've
got
a
building
leaning
to
the
right.
That
is
not
aesthetically,
pleasing
and
could
be
considered
dangerous
of
a
heavy
snow
on
the
roof
and.
C
F
Just
a
matter
of
when
the
obvious
is
going
to
happen
and
and
how
it's
going
to
occur
and
whether
anybody's
gonna
be
standing
by
it
or
what
one
vehicle
might
be
sitting
in
it
and
point
out
that
none
of
the
other
folks
that
were
notified
I
did
have
a
chance
to
to
speak
with
mr.
mrs.
Richter
over
the
back
fence
and
they
didn't
voice
objection.
I
had
a
chance
to
speak
with
mr.
Schmucker
who
lives
to
my
immediate
west.
He
didn't
voice
any
objections
to
me
and
they're,
not
here
and
like
I,
say
mr.
mr.
C
C
A
E
C
A
C
A
C
The
movements
to
the
Board
of
Zoning
Appeals
are
by
the
mayor.
They
have
to
be
confirmed
by
counsel
so
because
we
have
a
new
mayor
coming
in
January.
First
I'd
recommend
that
you
wait
until
then
and
apply
to
that
mayor
if
you
want
to
continue,
but
do
that
as
quickly
as
possible.
That
way,
if
there
is
the
confirmation
process
could
proceed
and
it
could
even
be
in
place
so
right
away,
then
in
February.
If
you
wanted
to
remain
on
the.