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From YouTube: Board of Zoning Appeals Meeting 05-08-07
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A
The
meeting
of
the
Athens
Board
of
Zoning
Appeals,
the
time
is
8:10
and
the
date
is
May
8
2007.
At
this
time,
we'll
call
the
meeting
to
order.
The
board
consists
of
five
members
and
two
alternates.
The
alternates
take
full
part
in
the
discussions
and
become
voting
members
in
the
absence
of
a
member
or
when
a
member
of
stains
for
conflict
of
interest
present
tonight.
Our
members,
mr.
gruza
mr.
LeBell,
mr.
Goel
Zee
and
mr.
Flores,
who
is
an
alternate
and
will
take
full
part
in
this
discussion
tonight.
A
In
the
absence
of
our
chair,
miss
Frederic
I
am
Betty
holo
and
also
present
Zoning
Administrator
Steve
Pearson
acting
secretary
Colin
Baca
and
city
admin,
city
prosecutor,
Mike
Miller.
The
board
operates
according
to
the
following
procedure.
The
chair
will
name
and
describe
the
case.
The
Zoning
Administrator
will
say
state
the
basis
of
the
objection
and
any
applicable
facts
of
conditions
pertaining
pertaining
to
the
case.
The
appellant
or
their
representative
will
give
reason
why
the
appeal
should
be
viewed
favorably.
A
Anyone
wishing
to
speak
in
favor
of
the
request
will
be
heard
any
wish.
Anyone
wishing
to
speak
in
general
comment
will
be
heard.
Anyone
wishing
to
speak
in
opposition
will
be
heard
if
necessary.
The
appellant
or
their
representative
will
offer
concluding
summary
or
rebuttal
remarks.
Testimony
from
the
floor
shall
be
closed.
The
board
will
deliberate
and
render
decision
according
to
Athens
City
Code,
section
23
of
inori,
be
the
board,
has
a
power
to
grant
variances
from
the
strict
application
of
the
code,
provided
the
variance
will
not
be
contrary
to
the
public
interest.
A
The
spirit
of
the
code
is
observed
in
public
safety
and
welfare
secured
and
substantial
justice
is
done.
According
to
Evans
City
Code,
section
23,
oh
nine,
ten
see
variances
from
the
code
shall
not
be
granted
unless
the
Board
finds,
based
on
direct
specific
findings
of
fact
that
each
of
the
following
condition
has
been
supported.
A
One
practical
difficulty,
an
undue
hardship
because
of
exceptional
or
extraordinary
circumstances
or
conditions
pertaining
to
a
specific
piece
of
property.
A
literal
enforcement
of
these
regulations
will
result
in
practical
difficulty
or
undue
hardship
that
is
unnecessary
to
the
achievement
of
public
purposes,
exceptional
circumstances,
their
exceptional
circumstance,
extraordinary
circumstances
or
conditions
applying
to
the
property
in
question
or
to
the
intended
use
of
the
property
that
do
not
apply
generally
to
other
properties
or
classes
of
uses
in
the
same
zone.
A
Preservation
of
equal
property
rights.
Literal
interpretation
of
these
regulations
would
deprive
the
appellant
of
Rights
commonly
enjoyed
by
others
in
the
same
zone
and
the
same
vicinity.
While
a
granting
of
the
requested
variance
will
not
confer
on
the
applicant,
any
special
crib
leaves
that
have
denied
to
other
properties
in
the
same
zone
in
the
same
vicinity.
A
Minimum
variance
the
variance
granted
is
the
minimum
variance
required
to
make
it
possible.
The
reasonable
use
of
the
property
absence
of
detriment
to
the
authorizing
of
such
variants
will
not
be
of
substantial
detriment
to
adjacent
property
and
will
not
materially
impair
the
purpose
of
the
zoning
code
or
the
public
interest
not
of
a
general
entry,
not
of
a
general
nature.
A
The
board
also
has
a
power
to
review
decisions
of
the
Zoning
Administrator
when
an
error
is
alleged,
a
request
for
conditionally
permitted
uses.
He
requests
for
substitution
of
non-conforming
uses
determine
the
number
of
required
off
street
parking
spaces
if
the
specific
use
is
not
contained
in
section
23
11
table
B
a
request
for
temporary
use
of
structures
or
premises.
A
Consider
request
for
extension
of
temporary
permits,
after
receiving
a
recommendation
from
the
ads
and
city
planning
permission,
hearing
requests
for
business
use
variances
after
receiving
a
recommendation
from
the
adven
City,
Planning,
Commission
and
hearing
requests
for
variance
from
the
strict
application
of
the
ads
and
city
code.
Title
25
flood
damage
prevention,
any
person,
resident
or
officer
department
or
appointed
body
of
the
city
of
Athens
aggrieved
by
a
decision
of
the
board,
may
petition
the
Athens
County
Court
of
Common
Pleas.
Concerning
the
illegality
of
the
decision.
A
Such
petition
must
be
filed
within
30
days
after
the
mailing
of
the
decision
of
the
parole
board
to
the
applicant.
There
are
only
two
cases
on
tonight's
agenda.
The
first
case
is
number
Oh,
708
V,
it's
41
Sunnyside,
the
zone
is
r1,
the
applicant
is
James
HSN
and
the
second
case
is
zero.
709
v-27
Brown
Avenue
again
the
zone
is
r1
and
the
appellant
is
Richard.
Lockwood.
A
The
board
is
required
to
take
testimony
under
oath,
so
anyone
wishing
to
speak
concerning
any
item
on
the
agenda
should
stand
and
swear
or
affirm
that
any
testimony
they
present
to
the
board
will
be
the
truth,
the
whole
truth
and
nothing
but
the
truth.
So
if
you
want
to
speak,
will
you
stand
and
so
affirm?
A
B
B
The
request
is
for
33.4%
law
coverage
where
30%
is
the
maximum
permitted
officers
on
investigation
noted
that
mr.
etches
and
the
appellant
had
started
to
construct
a
deck
on
the
side
of
his
house.
Actually,
it's
kind
of
like
a
large
stoop
off
of
a
doorway
and
he
was
asked
to
apply
for
a
permit
to
do
such
and
when
we
calculated
out
the
lot
coverage.
That's
when
we
found
out
it
was
excessive.
It
was
three
point
four
percent
over
the
thirty
all
the
Lots
in
that
area
are
50
to
55
feet
wide.
B
This
particular
lot
has
a
lot.
Excuse
me
a
lot
area
of
5500
square
feet
in
newer
subdivisions.
Now
the
minimum
lot
size
is
8,000
square
feet,
but
the
lot
coverage
is
based
on
the
size
of
the
lot,
as
opposed
to
as
opposed
to
a
certain
X
amount.
But
just
for
example,
30%
of
an
8,000
square
foot
lot
would
be
2,400
square
feet.
Mr.
Etchison
is
asking
for
coverage
of
1838
square
feet,
so
it's
way
below
what
would
be
permitted
on
an
8,000
square
foot
lot.
It's
just
that
the
Lots
too
small.
B
B
B
I
tried
to
back
up
a
little
bit
from
the
street
and
the
fences
were
out
on
the
property
line
on
the
east
side.
So
you
can
see
the
distance
between
the
deck
and
the
fence
right
next
door.
Then
the
other
picture
is
just
one.
It's
a
little
more
of
a
close-up,
probably
the
one.
The
best
illustration
is
probably
the
one:
that's
a
little
further
back
where
you
can
see
the
fence,
the
deck
and
the
side
of
the
house.
A
A
C
You
know
I'm.
Looking
for
a
variance
of
the
30%
lot
coverage,
the
property
is
single-family.
Owner-Occupied
I
was
built
in
1901.
It
is
over
a
hundred
years
old.
Obviously
the
house,
as
it
sits
right
now,
is
twenty
three
hundred
and
forty
square
feet,
plus
the
garage
and
as
it
sits
without
putting
the
deck
on
it
already
exceeds
the
30%.
It's
thirty
one
point
one
percent
of
the
lot
as
it
currently
exists
of
the
50s
Steve
stated
of
the
5,500
square
foot
a
lot.
C
You
know
the
variance
that
I'm
asking
for
is
an
8
by
16
foot
deck,
which
is
2.3
percent
of
the
lot,
which
would
equal
133
in
a
fraction.
You
know
what
the
real
reason
that
I'm
looking
for
a
variance
is
the
house
has
no
access
to
the
backyard
to
get
to
the
backyard
it's
currently
exist.
One
has
to
go
out
the
front
door
go
around
and
all
the
way
around
the
house
or
go
out
the
side
door
through
a
garage
which
is
two
doors
or
go
around
the
garage
which
requires
go
into
the
neighbor's
yard.
C
You
know
I've
looked
at
this
and
the
deck
provides
a
transition
into
the
backyard.
You
know
I
plan
on
having
small
children
grandchildren
in
the
backyard
and
by
by
having
this
deck
it
provides
some
access.
The
property
falls
back
about
three
and
a
half
feet
from
the
front
to
the
back,
so
you
can't
just
have
a
door
coming
out
and
down
with
steps.
It's
rather
excessive.
C
I
have
scaled
back
the
deck
originally
I
planned
on
a
bigger
deck,
getting
to
the
backyard,
the
the
property
at
some
point
in
time,
probably
in
the
20s,
looking
at
the
construction
technique
and
an
addition
on
the
back
yard
or
on
the
back
of
the
house,
which
prohibits
having
a
rear.
You
know
standard
back
door
that
probably
had
one
at
some
point,
but
that's
long
gone
and
one
of
the
things
we
looked
at
was:
could
we
take
one
of
those
rooms?
C
It's
two
bedrooms
in
a
bathroom
with
a
hallway,
but
you
know
there's
bearing
walls
and
that
sort
of
thing.
So,
at
the
end
of
the
day,
I
arrived
at
the
deck
which
would
allow
access
to
the
backyard.
And
it's
really
it's.
It's
a
safety
issue,
it's
just
a
livability
issue
as
it
currently
exists.
The
backyard
is
only
fifty
percent
really
serviceable,
as
we
would.
C
You
know
believe
a
backyard
would
be
so
that
said,
I
would
you
know
I
would
ask
that
the
committee
grant
the
variance
I
believe
it
is
in
accordance
with
a
general
purpose
and
ten
of
the
code
that
it
would
not
be
in
jurist
to
the
public.
Welfare
does
not
impair
air
or
light
supplies.
It
does
not
impact
congestion,
increase
fire
risk
engage
your
public
safety
and
you
know
in
fact,
for
the
people
living
there.
It
actually
increases
public
safety
and
does
not
represent
special
permit
privilege.
C
Looking
at
all
the
houses
on
Sunnyside
in
the
adjacent
streets,
all
houses
have
access
to
the
back
yard.
They
all
have
back
doors.
So
this
is
just
a
bear.
You
know
aberration,
I,
guess
as
far
as
building
in
Athens
and
about
starting
ahead
of
time
I'm
new
to
the
community.
We
did.
You
know
check
out
where
the
what
the
deal
was
as
far
as
the
offense
and
I
thought
we
were
in,
you
know
on
ok
as
far
as
the
deck,
only
the
30
percent,
so
I'm
a
little
smarter
now
than
I
was
four
months
ago.
B
B
So
it's
more
I
think
toward
that
intent
going
to
be
able
to
the
house
it's
up
if
you
noticed
quite
a
bit
higher
than
a
lot
and
as
it
drops
off
in
the
back,
the
floors
must
be
level
all
the
way
through,
and
so
the
the
drop
from
the
distance
from
grade
2,
where
a
back
door
would
be
or
any
door
really
other
than
the
fronts
very
high.
So
I
just
want
to
mention
that
to
if
could,
if
it
could
have
been
considered
just
necessary.
D
A
A
E
F
B
A
Else:
okay,
the
first
finding
pertains
to
the
practical
difficulty
and
undue
hardship
because
of
exceptional
or
extraordinary
circumstances
or
conditions
pertaining
to
this
specific
property.
The
littoral
enforcement
of
these
regulations
will
result
in
practical
difficulty
or
hardship
that
is
unnecessary
to
achieve
public
purposes.
A
D
D
A
Lot
and
he
can't
get
to
the
backyard
without
yeah
some
way
together.
Literally,
this
is
preservation
of
equal
property
rights.
Literal
interpretation
of
the
regulations
would
deprive
the
appellant
of
rights
commonly
enjoyed
by
others
in
the
same
zone
in
the
same
vicinity,
while
the
granting
of
the
requested
variance
will
not
confer
on
the
applicant
in
a
special
privilege
that
is
denied
the
properties
and
the
same
as
only
the
same
vicinity.
So
is
this
gonna
give
him
some
special
right?
No.
D
A
H
E
A
B
My
name
Steve
Pearson
Mazzoni,
an
administrator
for
the
city
of
Athens,
as
you
mentioned,
this
is
also
a
property
located
in
r1
single-family
residential
zone.
Currently,
27
Brown
has
no
parking.
It's
all
parking
on
the
street
and
mr.
lockwood
would
like
to
install
some
parking
put
in
a
driveway
and
park
in
the
backyard.
B
The
problem
is,
though,
the
code
requires
10
feet
of
width
at
a
minimum
for
a
driveway
in
the
distance.
Now
from
the
houses
that
exists
and
again,
it's
turn-of-the-century
house,
from
the
edge
of
the
house
to
the
property
line,
is
nine
point
nine
feet.
Excuse
me,
nine
feet.
Nine
inches
three
inches
short
of
the
requirement,
something
else
that
you
can't
read
in
the
zoning
code,
but
it
is
in
the
landscape
board
and
says:
there's
a
4-foot
landscape
buffer.
That's
also
required.
B
So
really
the
minimum
distance
you
have
to
have
from
your
house,
let's
say
to
the
property
line,
is
14
feet.
10
for
the
driveway
4
for
the
landscape.
Buffer
I've
already
presented
this
proposal
to
the
tree
Commission
because
they
have
to
grant
approval
for
a
consolidation
of
landscaping
and
they
reviewed
it,
looked
at
it
favorably
and
said
that
they
really
didn't
have
a
problem
with
it.
B
B
The
proposal
is
for
three
parking
spaces:
I
believe
they
all
have
to
meet
the
Desai's
time
requirements
in
an
r1
zone.
You
can
stack
Park
stacking
is
permitted.
So
really,
if
you
just
put
a
long,
driveway
and
all
the
way
back
and
didn't
even
expand
it
out
to
a
an
area,
a
little
more
open,
you
could
get
three
cars
fairly
easily.
B
But
again,
there's
just
not
enough
room
there
because
of
the
the
actual
location
of
the
house.
The
lot
is
43
feet
wide.
It's
not
very
wide.
There
was
six
feet
taken
off
at
one
time
and
transferred
to
an
adjoining
property,
so
it
wasn't
very
wide
to
begin
with
and
got
even
narrower
somewhere
along
the
way
Brown
Avenue
if
you've,
driven
on
it's
a
one-way
street.
It's
very
tight
there's
parking
permitted
on
one
side,
because
there
are
quite
a
few
places
that
don't
have
parking
and
so
parking
is
permitted
on
the
street.
B
E
E
B
So
no
there's
no
rental
permit
on
it
currently
and
we're
seeing
quite
a
few
just
to
be
real
upfront
with
you.
We
see
a
lot
of
parents
now
who
are
coming
to
town.
They
see
how
much
rent
is,
and
then
they
decide
to
buy
a
house
and
have
their
children
living
it
while
going
to
school
and
then
sell
it
afterwards.
E
E
B
Order
to
put
the
driveway
in
and
the
proposals
to
park
at
least
three
cars,
so
you
have
a
net
gain
of
two
vehicles
and
when
the
service
Safety
Director
is
looking
at
opening
permits,
say
it's
something
that
doesn't
have
to
go
to
the
tree
Commission
for
a
review
or
to
the
Zoning
Board
for
review.
That's
the
main
criteria.
We
look
at
you
at
least
want
to
balance
and
hopefully
have
an
increase
in
parking
any
time
you
take
space
off
the
streets.
So
there's
a
net
gain
of
two
anything
to.
E
E
B
B
In
order
to
convert
there's
a
new,
fairly
new
regulation,
if
someone
wants
to
convert
a
property
to
rental
purposes,
they
have
to
have
a
minimum
of
two
parking
spaces
on
the
lot,
a
minimum
of
one
for
each
permitted
occupant
in
an
r1
zone.
The
maximum
number
of
residents
unrelated
to
each
other
is
three.
A
family
could
be
any
size
right.
E
B
A
B
E
B
A
A
J
Name
is
Richard,
Bach
would
and
I'm
the
person
requesting
this
variance
for
27,
Brown,
Avenue
and
I
believe
that
mr.
Pearson
explained
well
the
reason
that
we're
requesting
the
variance
that
we
have
only
one
street
parking
and
with
the
24-hour
parking
limit,
it's
very
unpractical-
to
live
in
and
use
the
home
as
it
is,
as
he
said,
the
the
the
reasons
that
we
request,
the
variance
are
that
a
driveway
is
needed.
We
actually
we
want
more
than
a
driveway.
J
We
want
parking
in
the
back
of
the
house
that
would
allow
room
for
three
vehicles
and
to
reach
that
area.
There's
a
we
are
a
lot
I.
Actually
it
goes
back
to
Miller
Avenue,
but
there's
a
steep
hill
and
it's
impractical
to
use
that
for
parking
and
to
gain
access
to
that.
We
need
a
driveway
to
get
back.
We
have
nine
feet
nine
inches.
E
J
The
circumstances
in
the
variant
or
in
the
code
do
not
the
circumstances
of
the
variance
do
not
apply
in
general
to
other
properties
in
the
zone,
as
I
believe
mr.
Pearson
said
mostly,
our
one
Lots
have
enough
room
to
put
in
a
driveway.
My
house
was
built
around
the
turn
century
or
before
the
automobile
was
in
it
used
to
the
extent
it
is
today
and
before
the
code
was
put
in
place
and
as
he
also
mentioned,
apparently,
somewhere
along
the
line
was
before
we
got
access
to
the
property.
Some
of
the
land
was
sold
off.
J
Another
hardship
would
be
exposure
of
my
vehicle
to
damage
from
other
vehicles
on
Brown
Avenue.
At
one
time
when
I
was
parked
on
Brown
Avenue,
another
vehicle,
where
my
car
was
damaged
when
another
vehicle
ran
into
my
car
and
then
the
left
and
yeah
without
notifying
me,
the
variance
requested
would
be
the
minimum
that
would
allow
me
to
obtain
access
to
the
parking
as
requested
it
would
not
impair
in
the
on
air
or
light
of
adjacent
properties.
The
variance
will
not
substantially
increase
the
congestion
in
public
streets.
J
Rather
it
it
would
decrease
congestion
on
Brown
Avenue
by
getting
my
vehicle,
my
vehicle
or
vehicles
off
the
street
and
into
my
own
parking
space
on
my
own
property.
The
variance,
furthermore,
would
not
increase
the
risk
of
fire
or
endanger
Public
Safety
or
substantially
diminish
or
impair
adjacent
property
values.
J
B
All
the
houses
on
Brown
Avenue
on
the
south
side,
their
Lots,
go
all
the
way
through
to
Miller,
which
is
kind
of
clear
up
on
the
ridge
behind
Arts
West
and
it's
a
very
steep
hill
wooded.
So
it
is
it's
rough
to
put
any
parking
and
then
you'd
have
to
walk
down
the
hill
to
get
to
the
house.
Everything
if
you've
been
down
there
on
Brown
everything
down,
there's
tight.
B
A
B
A
K
A
motion
that
we
approve
parents
in
case-
oh
7,
Oh
9v
zone-
are
127
Brown,
Avenue,
Richard,
Lockwood
appellant.
The
appellant
is
requesting
a
variance
from
section
23
point:
1
0.01
a
to
permit
driveway
with
a
width
of
9
feet,
9
inches
where
10
feet
is
the
permitted
minimum
plus
a
4-foot
landscape
buffer.
D
A
D
A
So
again,
the
exceptional
circumstances
or
the
size
of
the
lot
I
think
and
the
tiny
amount
that
he's
talking
about
preservation
of
equal
property
rights.
Literal
interpretation
would
deprive
the
available
appellant
of
rights
enjoyed
by
others,
while
granting
the
barians
will
not
convey
any
special
privilege.
What
do
you
think
you.
A
A
A
A
K
A
B
B
There
are
those
some
applicable
court
cases,
in
particular
an
Ohio
Supreme
Court
case,
which
I
noted
in
the
letter
of
response,
which
is
the
second
page.
There's
a
Supreme
Court
case.
It's
called
wall,
Co
trucking
versus
Talmadge
Board
of
Zoning
Appeals
damages
the
county
seat
of
Lake
County
in
northeastern
Ohio,
and
there
was
an
adjacent
property
owner
that
was
aggrieved
by
decision.
B
B
Just
so
you
know
the
zoning
code
actually
says
anyone
aggrieved
by
a
decision
of
the
Zoning
Administrator,
and
then
it
says,
approval
or
refusals
can
appeal
to
the
board.
But
essentially
this
court
case
nullifies
that
one
section,
the
judge,
judge
Moyer,
wrote
the
majority
opinion
and
he
said
that
he
believed
that
these
legislature
must
have
meant
a
for
a
different
procedure
to
be
used
by
someone
who
was
an
aggrieved
but
was
aggrieved
by
an
approval.
B
A
A
B
They
can
request
an
injunction
I,
don't
know
for
sure,
but
I
believe
that's
done
through
the
Court
of
Common
Pleas.
Okay,
so
that
is
yeah,
there's
still
administrative
they're,
still
relief
I'm,
if
not
anybody
who
didn't
like
it,
a
permit
that
was
approved
could
come
in
and
appeal
it
to
the
board.
So
you'd,
probably
you
probably
hear
quite
a
few
people
have
wondered
why
a
permit
was
granted,
and
this
is
why
you
don't.