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From YouTube: Board of Zoning Appeals Meeting 02-12-08
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A
Meeting
is
called
to
order
it
this
time.
703
p.m.
the
date
is
February
12
2008.
The
board
consists
of
five
members
and
two
alternates
I
think
we
still
have
two
alternates.
An
alternate
takes
put
a
full
part
in
discussions
of
the
board
and
becomes
a
voting
member
in
the
absence
or
conflict
of
interest
of
a
regular
member
and
present
this
evening,
our
members
Greg
LaValle
John
Gould
Z
Betty
hallow,
myself,
Muriel
Frederick
and
our
newly
reappointed
dr.
A
A
Making
sure
there
wasn't
some
new
face
that
I
didn't
recognize,
so
the
board
operates
according
to
the
following
procedure:
the
chair
names
and
describes
the
case.
The
Zoning
Administrator
will
cite
the
specifics
of
the
refused
over
the
case.
The
appellant
or
representative,
then
will
state
the
case
for
granting
the
appeal
testimony
next
well
taken
from
those
who
grant
who
support
granting
the
appeal
next.
A
Those
who
wish
to
speak
in
general
comment
and
those
who
sport
support
denial
of
the
appeal
following
all
testimonies
and
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,
section
23
of
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.
Public
safety
and
welfare
are
secured
and
substantial
justice
done
Athens
city
code,
section.
A
On
either
one
of
the
other
of
those
two
but
requires
that
variances
from
the
code
shall
not
be
granted
unless
the
boat
Board
makes
specific
findings
of
fact,
based
directly
on
evidence
provided
to
it
that
each
and
every
one
of
the
following
six
criteria
are
met
and
well,
I'll,
read
them
and
then
I'll
explain
from
the
practical
difficulty
or
undue
hardship.
There
must
exist
a
practical
difficulty
or
undue
hardship
caused
by
exceptional
conditions
pertaining
to
the
specific
piece
of
property.
A
Exceptional
circumstances
must
exist,
exceptional
circumstances
or
conditions
applying
to
the
property
for
its
intended
use
that
do
not,
in
general,
apply
to
properties.
In
the
same
zoning
district,
then
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
special
privilege
minimum
variance,
it
must
be
to
determine
the
variance
is
the
minimum
required
to
make
a
reasonable
use
of
the
property
absence
of
detriment.
It
must
be
determined.
A
The
guaranteeing
of
the
variance
will
not
be
of
substantial
detriment
to
adjacent
properties,
nor
materially
impair
the
purposes
of
the
code
or
the
public
interest
and
then
last
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
A
Any
person,
who's
aggrieved
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
tonight,
there
were
to
have
been
three
cases
on
the
agenda:
number
zero,
7,
1,
5,
v,
4
38
North,
Court
Street,
which
is
zoned
b-two
D
in
the
Wasserman
group
LLC
or
the
appellant
I
believe
this
one
has
been
continued
till
next
month,
because
there
would
not
be.
C
A
B
A
A
B
A
B
A
D
B
Name
is
Steve
Pierce
and
I'm.
The
Zoning
Administrator
for
the
city
of
Athens
I
have
been
sworn
in
I'm
the
pack
of
information
that
I
provided.
You
is
just
the
first
sheets,
just
a
copy
of
the
refusal,
the
site's
a
particular
section
of
note
on
which
the
refusal
was
based
and
then
provided
you
with
the
page.
It
talks
about
permitted,
accessory
uses
and
parking
facilities
for
the
exclusive
use
of
the
residence
of
the
premises
are
permitted.
In
this
particular
case.
B
Give
you
the
definition
that
I'm
an
accessory
use
necessery
uses
one
that's
subordinate
to
a
principal
use.
In
other
words,
it
assumes
there's
a
principal
use
on
the
lot.
The
seseri
uses
aren't
permitted
without
first
establishing
a
principal
use
and
there
should
be
a
copy
of
a
tax,
plat
kind
of
like
a
vicinity
map
52
Columbia.
You
can
see
Columbia
Avenue,
that's
on
the
upper
part
of
the
drawing
a
lot
in
question.
7
Garfield
is
just
below
it.
There's
a
five-foot
alley
in
between.
A
B
B
Still
exist,
then
there
are
some
drawings
and
mr.
Kerber
provided
another
smaller
one
ratchet
it's
a
little
more
close-up
shows
a
house
at
9:00
Garfield
proposed
parking
at
7
Garfield,
and
then
the
residents
for
the
use
accessory
use
will
apply
to
at
52
Columbia
and
then
there's
just
another
another
drawing
showing
the
size
of
the
parking
spaces
that
do
comply
with
the
width
size
requirement,
which
is
a
minimum.
Nine
foot
width
in
a
minimum
area
of
180
square
feet.
B
B
B
A
A
B
B
I
I
A
I
H
G
H
A
H
H
H
I
H
I
A
G
B
A
G
F
B
A
K
H
H
I
It
depends
on
how
you
interpret
that
you
know
you
know
it's
not
it's
not
the
minimum
used
to
make
a
reasonable
use
of
a
7
Garfield,
because
it
could
be
used
for
a
different
purpose
than
a
parking
space
for
you.
It
could
become
a
building
lot.
I
assume,
maybe
not,
and
it's
not
necessarily
the
minimal
variance
for
your
own.
H
B
I
B
Head
I,
think
of
those
two.
What
we
have
the
code
enforcement
office
also
is
a
list
Paul
Hessian
Bakr
has
completed
a
list
of
the
address
of
all
the
properties
and
the
type
of
variance
that
was
granted
and
I.
Think
I
reported
to
you
a
while
back
since
the
park
requirements
were
changed.
You've
heard
about
forty
cases
regarding
parking
and
you
know
at
the
office
we
could
do
a
search
and
find
out
what
zone
each
one
of
those
was
in,
but
I'm
familiar
with
at
least
those
two.
B
J
F
H
M
A
A
A
H
A
And
then
the
from
Kelly
param
Pierrot
Paris
and
who
is
51,
Columbia
she's
written
to
mr.
Pierson
I'm
unable
to
attend
the
BCA
meeting
tonight.
Can
you
please
present
this
letter?
Dear
Board
of
Zoning
Appeals.
This
letter
is
to
is
to
serve
my
to
express
my
disapproval
of
the
variance
requested
by
mr.
Carver
to
permit
an
accessory
use
parking
facility
on
a
lot
for
no
principal
use
exists
from
my
understanding.
Mr.
Carver
wishes
to
purchase
a
residential
lot
and
use
it
for
parking
area.
A
In
doing
so,
he
would
be
permitted
to
rent
out
a
portion
of
his
house
if
this
variance
is
granted
and
mr.
Kerber
is
able
to
turn
a
portion
of
his
house
into
rental
I'm,
fearful
of
how
it
would
impact
property
values
in
the
area.
I
personally
bought
my
house
on
Columbia
Avenue
because
of
the
low
number
of
rental
properties
in
the
area.
I
believe
there
has
been
a
recent
trend
towards
having
permanent
residents
in
the
area
and
would
hate
to
see
a
rental
property
parenthetically,
even
a
duplex
which
hadn't
told
us
what
mr.
A
A
Normally
we
have
an
opportunity
for
someone
to
speak
in
general
comment
or
in
opposition,
but
there
is
no
one
here
who
was
sworn
for.
Speaking
Steve
I
believe
has
made
his
general
comments.
He
may
have
some
additional,
but
at
the
point
at
which
someone
makes
a
statement
against
the
branding
of
the
variance,
then
you
have
the
opportunity
to
rebut.
So
let's
assume
she'd
just
been
here
and
said
this
and
then,
if
you
make
your
rebuttal,
please.
H
H
A
H
H
A
B
E
A
B
B
R1
in
our
two
zones,
you
can
most
people
just
have
a
single
wide
driveway,
so
I
don't
know
about
you:
I
go
down
the
street
quite
often
and
somebody's
backing
out,
so
the
person
who's
and
get
out
and
that's
another
reason
why
I
think
there's
a
limitation
on
the
width
of
the
driveways
and
r1
and
r2
zones,
there's
an
assumption
that
everybody
there's
familiar
with
each
other.
They
know
their
comings
and
goings,
and
so
they
can
adjust
themselves.
You
know
as
they'd
park
in
the
driveway
a
lot
of
times
it's
family
members
also.
B
There
are
quite
a
few
place
where
you
see
a
single
wide
driveway
just
because
of
access
problems.
They'll
turn
off
to
just
completely
Park
in
the
backyard
turn
the
whole
backyard
into
a
parking
area.
Just
so
everyone
can
get
their
car
in
and
out
anytime
that
they
want
to.
But
again
that
takes
away
green
space.
A
So
yeah,
okay,
okay,
thank
you,
yeah!
That's!
There
is
no
body
else
to
speak,
so
I
think
Steve.
Unless
you
have
something
else
for
us,
we'll
just
close
the
discussion
from
the
floor
and
begin
ours.
If
we
need
an
additional
discussion
or
are
we
ready
to
consider
a
motion
you
want
to
make
a
motion?
Do.
N
F
O
A
F
A
I
I
I
F
F
A
A
G
A
B
B
I
K
B
Would
be
nice
if
it
was
currently
mr.
kerberos
ownership,
then
it
could
be
deed
restricted
and
you
wouldn't
have
to
worry
about
it
being
sold
off
without
being
deed,
restricted.
There
wouldn't
be
the
necessity
than
to
require
you
know
to
have
the
other
condition
to
try
to
safeguard
the
parking
that
it
didn't
disappear
and
52
Columbia's
still
have
renters.
Let's
say.
B
E
B
F
I
F
I
B
B
That
you
grant
require
some
follow-up
because,
with
the
code
ups
because
normal
its
associated
with
a
rental,
any
decision
of
the
board
is
contained
in
the
file
of
a
rental
property.
An
officer
looks
at
that
every
two
years
at
a
minimum,
so
at
least
every
two
years
there
would
be
an
inspection
that
would
indicate
if
the
officer
was
diligent
in
looking
in
the
file
to
see
any
special
conditions
that
were
attached
to
it,
that
a
verification
that
that
property
at
seven
Garfield
was
still
in
the
ownership
of
the
owner
of
fifty-two
Columbia.
E
B
Are
people
but
some
up?
For
example,
there
are
a
lot
of
people
they're
very
good
about
when
you've
granted
I
know,
for
example,
Chris
pile.
He
was
granted
down
remote
parking
across
the
street
from
his
house
on
Elliott
overmold
machines
parking
lot.
He
just
yest
people
have
to
provide
verification
of
their
parking
every
year
and
mr.
pile
came
in
gave
us
a
copy
of
his
this
parking
lease
that.
B
B
What
I'm
trying
to
do
now
is
bring
code
officers
up
in
some
zoning
enforcement
also,
and
they
actually
review
zoning
permits
because
I
want
them
familiar
with
any
kind
of
construction
or
anything.
That's
going
on
in
the
in
their
neighborhood
become
familiar
with
the
neighborhood
in
general,
but
especially
if
it's
rental
property,
so
I'm
getting
them
more
involved,
and
so
at
least
this
you
know,
this
staff
of
officers
would
know
that
and
if
they'd
opened
up
to
52
Columbia
file,
they
would
know
that
the
conditions
proud.
I
A
I
E
I
F
K
A
A
A
I
F
G
I
I
H
A
A
But
that's
a
permanent,
that's
a
decision
that
you
make
and
then
you're
sort
of
you
have
the
consequence
of
it,
which
is
that
you
don't
have
any
place
for
anybody
else
to
park
either
sure
but
7
Garfield
doesn't
even
have
a
house
on
it
and
it
doesn't
have
a
problem
with
parking
because
there
is
no
house
on
it.
The
only
reason
there's
a
problem
with
parking
is
because
it's
wanted
to
be
used
as
parking
for
a
different
property.
I,
don't
see
that
that
is
an
exceptional
circumstance.
A
A
I
O
A
F
I
F
I
C
C
F
Well,
therefore,
that
is
requested
according
to
Steve
is
required
and
when
I
read
this
opposition
rather
than
I
thought
it's
gonna
be
over
twenty
five
cars
in
there.
But
you
know
it's:
it's
not
gonna,
be
all
cars
everywhere
parking
lot,
it's
just
a
four
parking
spaces,
so
you
can
see
it's
minimal
if.
A
A
I
F
G
A
G
A
F
B
E
F
A
Zero
and
that's
the
only
case
that
we
had
on
the
agenda
this
evening.
However,
there
are
things
to
do
one
before
I
forget
it.
I
went
to
the
website
yesterday
or
the
day
before
and
noted.
No,
it's
not
for
the
Board
of
Zoning,
because
the
city
website
lists
the
meeting
time
for
the
Board
of
Zoning
Appeals
at
7:30.
I,
don't
know!
If
that's
why
we
have
someone
who
arrived
and.
A
A
A
F
A
It
wasn't
it
wasn't
going
to
it
wasn't
going
to
affect
anything
one
way
or
another
is,
is
I,
think
what
we
decided.
It
was
right
here,
so
you
want.
A
A
That's
one
change
we
want
to
do,
however,
that
did
bring
up
for
me
for
the
organization
meeting
the
question
of
the
expiration
of
the
terms.
Is
there
any
particular
reason
why
it's
necessary
for
the
I
mean
there's
for
the
mayor
to
wait
until
the
absolute
expiration
of
a
term
before
considering
a
reappear,
considering
a
new
appointment?
Is
it
something
that
we
could
request
to
be
considered
in
advance
of
the
expiration
says
the
expiration
date
is
known?
A
A
G
A
P
A
E
E
A
O
A
Good
evening
this
is
a
meeting
of
the
Athens
Board
of
Zoning
Appeals.
The
meeting
is
called
to
order
at
this
time
at
7
p.m.
Oh
5.
The
date
is
March
11
2008.
The
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.
A
This
evening
present
this
evening,
our
board
members
Rodger
Cruiser
John
gozi
Hector
Florez,
myself,
muriel,
frederick
betty
hallo,
michelle
dribbled
and
not
yet
present,
but
we're
expecting
him.
Greg
Lebel
also
present
our
Zoning
Administrator
Steve
pillar,
Pearson,
Paul
Ashton
Walker,
our
acting
secretary
and
the
attorney
Pat
Lam.
The
board
operates
according
to
the
following
procedure.
The
chair
will
name
and
describe
the
case.
The
Zoning
Administrator
will
cite
specifics
of
the
refusal
of
the
case.
The
appellant
or
representative
then
will
state
the
case
for
granting
the
appeal
testimony.
A
Testimony
next
will
be
taken
from
those
who
support
granting
the
appeal,
then
those
who
wish
to
speak
in
general
come
in
and
those
who
support
denial
of
the
appeal.
Following
all
testimonies,
the
board
will
receive
concluding
remarks
from
the
appellant.
The
discussion
from
the
floor
then
will
be
closed.
The
board
will
deliberate
and
render
a
decision
under
Athens
City
Code
Section
2300.
A
The
board
has
the
power
to
grant
such
variances
from
the
code,
as
will
not
be
conferred
public
interest
so
that
the
spirit
of
the
code
shall
be
observed.
Public
safety
and
welfare
secured
and
substantial
justice
done.
Athens
city
code
requires
that
variances
from
the
code
shall
not
be
granted
unless
the
board
makes
specific
findings
of
fact,
based
directly
on
the
other
provided
to
it
that
each
and
every
one
of
the
following
six
criteria
are
met,
practical
difficulty
or
a
new
hardship.
A
There
must
exist
a
practical
difficulty
or
an
undue
hardship
caused
by
exceptional
conditions
pertaining
to
the
specific
piece
of
property,
exceptional
circumstances.
There
must
exist,
exceptional
circumstances
or
conditions
applying
to
the
property
for
its
intended
use
that
do
not
in
general,
apply
to
properties
in
the
same
joining
district
preservation
of
equal
property
rights.
It
must
be
determined
that
literal
interpretation
of
the
code
would
deprive
the
opponent
of
Rights
commonly
enjoyed
by
others
in
the
same
vicinity,
while
granting
the
variance
would
not
convey
a
special
privilege
minimum
variance.
A
It
must
be
determined
that
the
variance
is
the
minimum
required
to
make
reasonable
use
of
property
number
five,
the
absence
of
detriment.
It
must
be
determined.
The
granting
of
the
variance
will
not
be
of
substantial
detriment
to
adjacent
properties,
Norma
T,
really
impaired
the
purposes
of
the
code
or
Public
Interest
and
finally,
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
The
board
also
is
empowered
to
hear
and
decide
applications
for
conditional
use,
substitution
for
non-conforming
use,
temporary
uses
and
appeals
where
it's
alleged
by
the
accountant
that
there's
an
error
in
the
decision
made
by
the
Zoning
Administrator
regarding
enforcement
or
interpretation
of
the
code
as
well
as
requests
for
interpretation
of
the
code.
Any
person
who's
aggrieved
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
award
Ford's
resolution
for
the
upon
tonight.
A
There
are
three
cases
on
the
agenda:
number
0,
7
1,
54,
38
North
Court
Street,
which
is
zoned
b-two.
The
Wasserman
Group
LLC
is
the
appellant
number
0
8
0
4
V
4
1
0
5
5
East,
8th
Street,
which
is
zoned
John
Vaillant
or
for
East
State
Street
development
company
is
the
appellant
and
number
0
8
0
3
4
11
and
13
West
Simpson,
a
blue
moon,
which
is
zoned,
be
3.
3
wide
beam.
A
This
evening,
I'm
Steve
Pearson
has
a
list
for
anyone
who
is
present
to
sign
in
and
if
you
wish
to
speak
this
evening,
I'd
appreciate
it.
If
you
just
check
off
after
your
name
and
I,
think
you
still
have
it
right
and
if
you
haven't
already
signed
it,
it's
right
there
at
the
at
the
table,
trying
something
new
all
right.
Our
first
case
this
evening
is
number
0,
715
V,
413
438,
north
Court
Street,
it's
zoned,
b-two
and
Wasserman
group
LLC
is
the
appellant
requesting
a
variance.
A
The
fall
of
the
people
I'd
see,
who
else,
but
the
people
who
were
present
last
time.
This
variance
first
went
to
were
it
mr.
Gowdy
mr.
bruiser,
because
hallo
Michelle,
drape
'old
and
you
also
write
picture
so
we've
got
everyone
who
was
present
so
since
I
did
not
hear
the
original
case,
I
am
going
to
simply
ask
the
questions
and
participate,
but
all
the
voting
members,
the
ones
who
voted
last
time
will
be
the
ones
who
will
make
a
decision.
This
time,
I
think
I'm,
just
gonna
sort
of
excuse
myself.
Voting.
A
B
E
A
A
B
A
B
B
I
think,
as
you
previously
mentioned,
wasman
group
LLC
had
obtained
a
variance
for
38
North
Court
Street,
to
allow
residential
occupancy
for
10
tenants
where
they
only
had
three
on-site
parking
spaces.
The
variance
was
created
to
a
while
seven
of
the
ten
required
to
be
off-site
and
located
at
a
parking
lot
at
the
intersection
of
North
McKinley
and
Mill
Street.
B
B
Now
we're
a
third
case
for
a
third
parking
area
just
proposed
to
be
substituted
for
the
one
originally
granted
variance
this
proposed
parking
area
is
closer
than
that
originally
granted
variance.
The
proposal
was
to
have
seven
least
parking
spaces
at
Christ,
the
King
Church,
which
is
at
the
intersection
of
Stewart,
Street
and
Mill,
as
opposed
to
the
original
parking
that
was
proposed.
Further
east
at
North,
McKinley
and
Mill,
this
parking
is
paved
drained,
striped
lighted.
E
G
B
One
of
the
things
that
happened
that
it's
giving
me
the
second
appeal
law
director
Hunter,
had
passed
on
to
the
board
through
prosecutor
Mike
Miller,
that
the
original
variance
would
have
to
be
rescinded
if
this
variance
was
granted.
In
other
words,
you
couldn't
have
two
two
variances
running
on
the
same
piece
of
property:
38north,
Court,
Street,.
G
B
I
believe
I
believe
what
will
happen
is
in
the
you
didn't
have
to
consider
resending
the
original
variance,
because
the
second
application
was
denied.
That
would
be
the
same
case
tonight
if
this
application
is
denied.
However,
the
way
I
understood
mr.
Miller's
explanation
was
that
if
this
variance
was
granted,
you
would
also
have
to
have
a
motion
second
and
a
vote
to
rescind
and
sender,
for
the
first
variance
on
recommendation
of
the
the
water
rector.
Q
Ma'am
I
have
I
do
swear
to
tell
the
truth.
All
truth.
My
name
is
Rick
Wasserman
I
own
the
land
and
property
at
38,
North,
Court,
Street,
Athens,
Ohio,
address
cool
builder
you'll.
Forgive
me,
I'm,
just
I'm,
still
a
little
bit
confused
as
to
what
exactly
I'm
presenting
what
I've
come
to
ask
for
is
for
a
modification
of
the
existing
variance,
essentially
I.
A
Q
Very
well,
then,
I
won't
take
much
of
your
time
at
all
I'm
appearing
before
you
tonight
again
to
request
modification
for
my
existing
variance,
Oh
715
V,
granted
on
October
9th
9th
of
2007.
The
existing
variance
provides
for
the
use
of
offsite
parking.
Approximately
2,200
feet
from
the
proposed
development
now
been
able
to
secure
some
parking.
That
is,
some
600
feet
closer
to
the
building
parking,
which
was
unavailable
to
me
at
the
time
that
I
applied
for
the
original
variance
I
believe
the
closer
lot
serves
the
interest
of
my
tenants.
Q
It
serves
the
interests
of
the
city
code
and
the
interests
of
the
public
in
general,
better
than
the
parking
that
I'm
now
permitted
to
use,
and
so
I'm
requesting
permission
to
essentially
switch
parking
to
this
new
life,
which
is
located.
As
the
code
director
said
at
Christ,
the
King
University
parish,
the
corner
of
Mill
Street
and
Stewart
Street
I
believe
this
modification
serves
the
interest
of
everyone
for
the
following
several
reasons.
One
is
quite
obviously
quite
a
bit
closer.
The
current
distance
would
be
about
the
equivalent
of
two
city
blocks
from
the
building.
Q
If
you
would
a
measure,
for
instance,
from
the
college
gate
to
the
corner
of
say
where
the
BP
station
is
that's
exactly
the
same
distance
that
my
building
will
be
to
the
new
part,
this
light
is
lighted.
This
light
is
paved
this
lot
drains
and
this
lot
is
already
being
used
for
the
purpose
for
which
I
proposed.
Q
Q
The
fire
chief
has
previously
commented
in
the
materials
of
the
original
variance
that
a
vacant
space
is
far
more
likely
to
suffer
a
damaging
fire
than
an
occupied
space.
The
building
currently
is
not
sprinkled,
and
this
development
will
make
it
a
sprinkle
space,
making
it
quite
a
bit
safer
than
most
of
the
housing
that
is
currently
uptown
and
also
offers
I
believe
reduce
risk
reduced
risk
to
the
adjacent
property
owners
by
containing
any
potential
fire.
We
recently
had
a
fire
in
a
restaurant.
Someone
say
is
similar
to
mine.
Q
But
so
so
we
should
remember
that
these
things
can
and
do
in
fact
happen
and,
and
the
reduce
of
a
fire
risk
is
not
a
small
consideration.
Furthermore,
the
Athens
Comprehensive
Plan
encourages
the
development
of
spaces
exactly
like
this
one
for
mixed-use
housing
on
the
second
floor
in
the
third
floor,
commercial
space
on
the
first
floor
and
I
think
that
this
space
is
likely
to
be
habited
by
college
students,
thereby
reducing
the
burden
on
on
the
local
neighborhoods
and
also,
hopefully,
slowing
the
conversion
of
owner-occupied
housing
to
to
rental
housing.
Q
For
this
reason,
this
develop
development
is
supported
by
the
Eastside
Neighborhood
Association.
The
original
packet,
before
the
variance
in
October,
has
a
letter
from
them
supporting
it
and
I
think
you
also
received
a
letter
from
Leslie
Schauer,
who
is
one
of
the
original
folks
on
the
comprehensive
plan
committee,
also
indicating
her
support
for
this.
Q
At
the
end
of
the
meeting
said
to
me,
you
know:
don't
don't
give
up,
because
I've
often
seen
people
go
through
this
process
and
then
find
something
after
that's
closer
than
they
originally
thought
and
I
left
kind
of
shaking
my
head,
because
I
knew
that
I
had
called
every
property
owner
in
the
in
the
area,
but
when
I
recanvass
ty
was
able
to
find.
You
know
that
I've.
G
Q
B
A
K
Name's
William
Giles
I
live
at
24.
Fourth
street
Athens.
We've
lived
in
that
home
for
almost
27
years.
I
can't
add
very
much
to
what
mr.
Watson
has
said,
but
if
he
has
met
all
the
conditions
of
the
variance
that
was
granted
earlier
and
in
fact
he
has
improved
that
situation.
It
seems
to
me
that
this
is
a
a
win-win
situation.
We
all
like
to
see
sturdy
old
buildings.
K
We
have
and
we
hate
to
see
them
fall
into
disrepair,
so
I
think
it's
a
safety
thing
and
I
think
it's
just
a
very
good
thing
and
I
would
urge
the
board
to
consider
it
favorably.
Thank.
A
B
A
J
Joan
can
I
ask
you
56
miles
street
I.
Just
have
a
question:
I,
don't
have
any
objection
to
the
project.
I
think
it
meets
with
some
of
the
ideas
that
many
people
have
for
the
city
of
Athens,
but
I
have
a
question
about
the
parking,
and
that
is
when
the
church
and
its
facilities
need
to
use
those
spots.
Is
there
going
to
be
any
conflict
with
the
spots
that
are
being
rented
out
as
opposed
to
the
spaces
that
they
need
to
use
or
are
required
to
have
for
whatever
functions
they
have?
A
J
J
J
B
B
B
K
A
Is
yeah
you
know
after
the
fact
and
well
I
think
I'm
going
to
assume
the
kinetic,
but
in
this
condition,
because
we
could,
that
would
probably
be
the
conservative
thing
to
do.
I
would
be
happy
because,
just
assuming
that
the
business
office
of
the
church
knows
what
its
businesses
but
to
be
absolutely
certain
that
that's
the
case,
we
can
add
that
as
a
condition
precedent,
all
right
is
there
anyone
else
present
who
would
like
to
speak
in
general
comment
or
in
opposition,
and
if
not,
then
mr.
R
A
I
Well,
I'm
gonna,
just
I'm
gonna
assume
that
we
are
perceived
the
way
we
did
before
when
mr.
Miller
suggested
that
you
can't
really
have
two
variances
ahead
of
you
at
the
same
time
and
we're
not
really
modifying
the
first
variance,
because
I
understand
that
mr.
Weisman
wasn't
that
not
able
to
secure
those
leases,
and
so
it's
I
believe
that's
what
his
application.
I
E
I
I
The
same
motion,
so
it
will
say
I
move
that
we
grant
a
variance
to
the
two
38north
Court
Street
from
section
23
11
table
B
off
street
parking
requirements
to
permit
residential
occupancy
of
a
structure
with
three
on-site
and
seven
offsite
parking
spaces
where
ten
on-site
parking
spaces
are
required
and
that
the
seven
arts
patrons
offsite
parking
spaces
be
located
at
Christ,
the
King
University
University
property.
We.
E
G
I
Corner
of
mill
and
Stewart
Street,
with
the
condition
that
they
be
clearly
specified
as
interested
for
provided
for
and
excluding
all
others
used
by
appellant
stennis
and
with
the
condition
that,
if
these
conditions
change
at
all
at
this
particular
parking
lot,
the
appellant
or
the
owner
of
38north
Court
Street
would
need
to
return
to
the
board
for
rehearing
of
the
case
in
order
to
determine
if
the
conditions
could
otherwise
still
be
met.
It's
what
we
said
that
sounds
like.
P
I
Okay
received
a
variance
for
remote
parking
from
the
building,
but
has
not
been
able
to
secure
the
talking
lease
he
was
promised.
Okay,
so
it
doesn't
have
that
lease,
but
just
for
cleanliness
sake.
Let's
get
rid
of
that
variance.
He
has
this
one,
it's
a
better
deal
for
him
and
for
his
tenants,
let's
get
rid
of
the
first
yeah.
Okay.
A
A
F
A
G
A
So
this
is
the
original
variance
is
rescinded
by
voted
5-0
and.
I
A
And
I
thought
by
this
time
we
would
have
Greg,
but
he
isn't
present
so
we'll
just
continue.
Everyone
else
is
prepared
to
hear
this
case
right
all
right.
Good.
This
next
case
is
zero.
Eight
zero
for
V,
it's
four
one:
zero
five,
five
East
State
Street
zoned
M
John
voluntour,
is
presenting
for
the
East
State
Street
Development
Company
LLC,
who
are
the
opponents.
A
B
B
B
Signs
aren't
very
tall
they're
more
like
a
monument
sign,
as
opposed
to
a
what's
commonly
called
a
lollipop
sign,
so
these
are
monument
type
signs
lower
to
the
ground
and
one
to
be
located
at
each
entrance
exit
point.
There
is
two-way
traffic
at
each
of
those
points.
They're
wide
access
points
to
the
street.
B
Really,
the
problem
is
that
there's
no
allowance
for
more
than
one
Sun
doesn't
matter.
If
you
own
a
third
of
an
acre
or
you
own,
thirty
acres
you're
only
allowed
one
freestanding
sign.
The
signs
are
not
nearly
as
large
as
might
be
permitted.
The
one
that
was
permitted
was
for
just
to
approximately
have
the
size
of
the
sign
that
could
be
permitted
there.
A
single
sign,
the
face
area
could
be
up
to
100
square
feet.
B
R
Ready
John,
valiber,
RVC,
architects
and
I'm
here,
representing
the
stateside
Technology
Park,
formerly
the
McPhee,
building
on
State
Street
and
I'm.
Just
gonna
go
read
through
my
findings
and
the
reason
we're
here.
You
all
have
a
copy
of
up
there
as
well.
We
request
consideration
for
signage.
At
this
property.
The
site
is
former
McVie
facility
at
1055,
East,
State
Street.
R
The
property
currently
has
two
primary
entrances:
one
at
the
east
and
one
up
that
west
end
of
the
property
we
have
applied
and
received
a
permit
for
signage
at
the
west
entrance
already
from
the
city
now
requesting
permission
to
place
an
identical
sign
at
the
east
entry
of
the
property
the
maximum.
Well,
this
is
a
little
different.
I
thought.
The
maximum
allowable
sign
is
50
square
feet.
B
R
F
F
R
The
property
has
800
or
980
linear
feet
of
street
frontage
and
I
think
that
something
that's
important
about
this
site
and
that's
why
I
gave
you
those
photographs
up
there
to
show
you
the
property
slopes
away
from
East
State
Street
if
he
actually
sits
downhill
from
the
road.
This
situation
makes
it
a
little
difficult,
actually
very
difficult
to
identify
the
points
of
entry
into
this
site
off
of
East
State
Street.
R
The
alternative
to
placing
signs
at
each
entry
like
we
have
proposed
here,
would
be
to
place
one
in
the
middle,
a
double-sided
sign,
but
I
don't
think,
and
we
did
not.
The
owners
think
that
this
would
be
the
best
solution
for
this
building
the
signage.
Because
of
the
right
away.
Some
setbacks
will
be
40
feet
off
of
the
roadway
and
set
at
a
45
degree
angle.
What
we're
trying
to
do
is
help
identify
where
use,
but
where
you
turn
off
the
East
State
Street
to
get
onto
the
property.
R
These
signs
will
have
vegetation
their
landscaping
around
them
and
also
be
externally
lit.
They
will
not
be
internally
eliminated
signs
and
through
the
findings,
the
facility
is
intended
to
have
multiple
tennis
and
rather
than
placing
the
company
names
on
the
east
state
street
signs.
Directional
signage
at
the
Junction's
of
the
access
roads
on
the
property
will
lead
to
a
specific
tenant.
R
These
signs
are
just
intended
to
have
this
I
think
I
gave
you
a
copy
of
what
it
was
going
to
look
like
East,
Side,
Technology
Park
and
the
address
only
in
the
site
plan
that
I
showed.
You
indicates
that
there's
complex
of
roads,
let's
run
around
on
the
property
after
you
get
down
off
of
the
main
access
roads,
that's
where
directional
signs
would
be
located
towards
the
individual
tenants,
and
the
reason
for
this
is
that
all
the
tenants
will
not
be
entering
off
into
the
main
entry
of
the
building.
R
The
granting
of
this
variance
will
be
in
accord
with
the
general
purpose
and
intent
of
the
code.
The
property
has
a
large
street
frontage
on
a
three
lane
section
of
road
that
is
surrounded
by
four
lanes.
The
signage
area
we
are
asking
for
would
be
acceptable
in
most
of
this
manufactured
dishonest
specific
zone.
Just
this
one
section
has
not
got
a
four
lane.
It's
a
four
lane
down
the
road
not
too
far
in
its
four
lane
or
it's
five
line.
R
Once
you
get
back
into
Athens,
which
would
make
this
size
of
the
science
we
were
asking
for
acceptable,
the
variance
will
not
be
interest
to
the
area
or
detrimental
to
public
welfare.
In
fact,
in
our
opinion,
it
will
provide
a
better
defined
entrance
that
will
make
access
to
the
site
safer
right
now.
Maybe
it
used
to
be
when
that
B
was
or
coca-cola
or
the
only
other
real
tenants
on
that
area.
R
Don't
have
public
really
coming
in
and
out
of
sight
for
the
most
part
of
its
employees,
and
maybe
some
salesmen
every
now,
and
then
with
the
development
of
this
facility.
There's
going
to
be
more
public
access
required
to
the
site
and
it
I
think
would
be
advantageous
to
make
that
as
easy
and
as
simple
as
possible
for
people
to
identify
where
they
need
to
get
on
and
off
the
road
to
get
into
this
specific
areas,
and
then
they
can
find
where
they
need
to
go
within
complex.
R
The
particular
circumstances
and
conditions
would
make
this
variance
acceptable
relates
to
the
design
of
the
original
facility,
which
has
two
main
entries
into
it.
These
access
roads
are
at
remote
ends
of
the
property
and
they
both
drop
in
elevation
off
of
each
state
street,
making
it
difficult
to
see
them.
R
R
Denial
of
the
variance
will
perpetuate
an
existing
poor
situation,
which
can
be
corrected
with
metal
impact.
Use
of
the
building
or
property
will
not
be
denied,
but
better
public
access
will
be
provided
when
McBee
operated
in
the
facility.
Very
little
public
access
to
the
site
was
associated
with
the
operation,
the
business
as
I
indicated
now,
the
facility
will
have
multiple
tenants,
many
of
them
serving
customers
which
will
need
better
directional
information
will
be
provided,
will
improve
the
functioning
of
this
specific
property.
R
The
hardship
that
will
be
created
would
be
related
to
traffic
flow
into
and
out
of
the
property.
Public
access
and
directions
to
the
various
tenants
of
the
building
should
be
could
be
affected
by
denial
of
this
variance
based
on
a
35
mile,
an
hour,
speed
limit
of
the
road
in
front
of
the
building
and
the
distance.
The
sign
will
be
located
off
of
the
roadway,
40
I
think
44
at
one
end
and
42
at
the
other
feet
the
sign
of
50
square
feet.
Will
it
be
appropriate
for
passing
traffic?
R
Circumstances
related
to
this
property,
the
size
of
a
lot,
the
number
of
lanes
in
the
roadway
and
the
slope
of
the
ground
between
the
roadway
in
the
building
creates
situations
with
makes
this
request
unique
to
this
property.
I
do
not
confer
special
privilege.
We
are
asking
for
a
variance
based
on
specific
existing
site
conditions
and
the
specific
use.
A
A
J
Junker
Manske
56
miles
street,
like
I,
was
listening
to
this
conversation
and
though
it's
out
there
like
that,
I
didn't
look
closely
at
the
site,
but
I
just
remember
the
CVS
conversation
in
front
of
this
board,
the
CVS
requesting
additional
variances
for
a
larger
sign
and
the
board
refused
them
and
I.
Think
part
of
the
idea
of
to
maintain
some
integrity
on
State
Street
is
to
keep
within
our
sign
limitations.
So
we're
not
looking
at
a
lot
of
signs
and
as
that
area
gets
more
developed,
although
right
now
it
seemed
like
just
two
signs.
A
R
K
R
Like
to
I
think
for
the
the
record
say
that
for
the
safety
of
this
property,
I
think
that
it'd
be
best
if
you've
ever
driven
by
there
and
tried
to
turn
off
onto
the
McBee
of
site.
It
is
difficult
to
see
and
to
turn
at
the
two
entrances
into
that
property
without
providing
some
kind
of
guidance.
It's
gonna,
even
if
you
know
where
you're
supposed
to
turn
and
I've,
been
doing
that
for
some
time
now.
It
will
be
difficult.
I
make
that.
A
R
And
I
should
know,
too
that
these
signs
will
not
be
very
tall
at
all.
They
probably
will
not
even
extend
above
the
level
of
the
road
by
very
much.
The
sign
is
four
feet
by
fourteen
feet.
I
think,
with
the
concrete
base
which,
again
on
the
sloping
ground,
goes
from
probably
three
feet
or
two
feet
to
5
feet
at
the
most
so
at
nine
feet
at
the
low
end,
forty
feet
off
the
road
which
is
already
tapering
off
of
that
these
State
Street.
These
signs
will
not
really
become
a
visual
nuisance.
R
P
R
R
We
we
I'm
not
sure
exactly
what
the
owners
will
intend
to
do.
Each
state
street
coming
out
or
going
from
the
west
side
would
be
the
more
heavily
trafficked
side
coming
from
Athens
going
into
the
property.
So
if
the
variance
is
not
granted,
we
might
have
to
reconsider
how
they
to
deal
with
access
from
versus
and
wait.
We
just
got
the
permit
just
recently.
O
B
B
That
would
be
80
square
feet
right
there
of
the
hundred
allowed.
So
would
you
only
be
allowed
to
have
a
20
square
foot
sign
on
top
of
two
40
foot
wide
pole?
So
the
measurement
standard
is
around
the
letters,
mister
kind
of
clerk,
but
this
graph
will
see
between
50
feet
or
56,
or
you
know
how
high
is
the
base
or
how
big
is?
How
wide
is
the
frame.
A
P
A
I
I
keep
insisting
that
that
we
don't
always
address
this
first
issue
properly.
Okay,
the
issue
is:
what
is
the
hardship
that
would
be
created
by
the
board
that
is
not
necessary
to
the
fulfilment
of
public
purposes.
If
we
say
no
to
the
variance,
so
I
see
the
hardship
as
it
would
create
a
difficulty
in
identifying
the
entries
which
would
create
perhaps
a
safety
problem
and
further
I
think
something
that
mr.
bellington
did
not
allude
to
I.
I
Think
that
Athens
is
very
pleased
to
have
this
McBee
plant
turned
into
a
technology
site
that
promises
to
be
a
very
valuable
entity
for
the
city
of
Athens
and
consequently,
I
think
having
such
a
site
that
is
very
difficult
to
identify
would
be
certainly
a
hardship,
maybe
for
the
town
and
certainly
for
the
business.
I,
see
that
as
too
much.
A
A
P
A
A
F
P
A
A
A
I
G
A
A
A
All
right,
then,
having
said
that
case,
number
zero,
eight,
zero,
three
four
eleven
and
thirteen
West
Stimson
is
zoned
b3
and
the
applicant
is
three-wide
entertainment
and
in
accordance
with
2300
407,
a
12
and
23
Oh
702
see
the
board
this
evening
we'll
consider
if
the
requested
use
is
a
principally
printed
use
in
the
zone
and
if
it
is
permitted
principally,
then
we
would
have
to
determine
the
number
of
spaces
parking
spaces
required
for
it
if
they
use.
We
don't
do
this
frequently.
A
B
This
application
was
received
back
in
December
and
there
was
great
coverage
of
it.
Let's
say
to
know
what
the
activity
was
going
to
be.
That
was
proposed.
The
application
said
that
there
would
be
dancing
and
entertainment
without
the
sale
without
the
sale
of
alcohol,
in
other
words,
not
a
liquor
license
or
sale
of
alcohol
and.
B
A
B
This
particular
use
is
not
specifically
described
as
something
that's,
principally
permitted
or
specifically
prohibited.
If
that
were
the
case,
you'd
have
to
list
every
possible
type
of
business
use
and
the
zoning
code
would
have
to
be
brought
in.
You
know
by
a
forklift,
so
I
think
that's
why,
in
the
framing
of
the
ordinance
there
was
this
allowance
for
the
board
to
look
at
things
that
are
just
not
traditional
and
I.
Think
the
section
if
I
could
read
that
the
section
that
you
referenced
is
under
in
this
particular
zone.
B
B3,
it's
listed
as
number
12
under
principally
permitted
uses,
and
it
does
say
as
a
principally
permitted
use
other
uses
other
than
those
excuse
me,
any
other
use
which
is
determined
by
the
Board
of
Zoning
Appeals
to
be
of
the
same
general
character
as
the
above
printed
uses,
but
not
including
any
use
which
is
first
permitted
in
an
Enzo
nor
which
is
prohibited
in
an
Amazon.
So
it's
neither
one
of
those.
It's
not
an
enzyme
situation.
B
B
B
Another
related
situation
to
this
and
determination
the
number
of
parking
spaces
under
the
powers
of
the
board
original
jurisdiction.
Section
23,
o
702
C,
says
that
in
the
case
of
a
building
structure
or
premise,
the
use
of
which
is
not
specifically
matching
in
23,
that's
actually
2011
table
B
Austria
Park
requirements.
The
board
shall
determine
the
amount
of
parking
required
making
this
determination.
The
board
shall
identify
use
from
table
B,
which
is
similar
or
comparable
in
regard
to
the
parking
requirement,
shall
apply
those
minimum
requirements.
A
B
B
Are
actually
dance
halls
and
assembly
halls
without
fixed
seats?
There's
one
parking
requirement:
that's
one
for
every
100
square
feet
of
floor
area.
If
you,
this
other
section,
doesn't
say
with
fixed
seats,
but
I
would
have
to
make
the
assumption
that
it
was
since
it
specifically
talks
about
without
fixed
seats.
In
the
other
section,
it
mentions
assembly
halls
and
then
one
for
every
six
seats.
B
F
Yeah
I
know
in
the
past,
I
guess
for
a
fact:
I
knew
that
it
was
either
one
or
two
restaurants
that
they
did
not
have
the
license
for
serving
alcohol,
but
they
would
allow
the
customers
to
bring
their
own
alcohol
and
and
use
it.
Could
this
be
possibly
a
case
that
you
know
I
mean
they
allowed
apartment?
Can
they
possibly
a
lot
of
the
customers
to
bring
alcoholic
beverages
to.
B
B
I
I
There
is,
under
the
be
three
designations
number
three
which
you've
alluded
to,
which
is
eating
and
drinking
200
feet
from
r1
and
r2
zones
and
number
six
talks
about
commercial,
entertainment
and
I'm,
not
exactly
sure
what
that
means,
except
it
suggests
it's
entertainment
for
which
you're
making
a
profit,
and
then
people
would
pay
to
see,
do
be
a
part
of,
and
that
has
to
be
200
feet
from
any
zone.
Maybe.
B
A
G
N
B
Widget
say
it
says:
entertainment
which
there's
no
definition:
nightclubs,
theaters,
billiard,
parlors,
pools,
Boyne
alleys
and
similar
enterprises
and
then
there's
the
100
100
foot
separation.
So
that's
why
in
particular,
I
didn't
see
this
and
comparing
the
100
foot
separation
for
entertainment
that
carries
over
to
the
B
3
I.
Did
you
know
I
actually
for
this
application
and
I'm?
B
Sorry,
if
you
didn't
receive
this
pack
of
information
in
the
mail,
but
just
for
that,
because
the
entertainment
must
be
even
in
the
B
to
D
zone
100
feet
away,
I,
measured
out
100
feet
from
the
property
and
it
doesn't
touch
in
this
case
I
believe
the
ordinance
says
it
says
any
residential
zone.
What
I
had
to
do,
then,
is
get
a
copy
of
the
rezoning
of
landmark
because
it
went
from
M
to
r3
and.
O
B
This
100-foot
radius
can't
touch
any
residential
zone
where
the
drinking
part
has
to
be
200
feet
from
an
r1
or
r2
I
did
draw.
You
know
make
a
determination
that
this
property
is
a
little
greater
than
100
feet
away
from
any
residential
zone
when
Miss
hollow
had
mentioned,
how
closes
it
to
the
r-1
zone?
That's
on
the
north
side,
it's
our
three
South
r1
north
and
it's
approximately
honored
as
one
feet.
N
N
B
P
S
I
B
B
B
F
B
B
Size
of
the
sign
there
used
to
be
a
prohibition
against
telephone
numbers
on
a
sign
for
some
reason,
when
the
code
was
changed
and
I
think
2004
telephone
numbers
were
allowed
to
be
put
back
on
signs.
I
have
no
idea
why
they're
prohibited,
but
before,
but
they're
not
now,
and
so
is
there
anything
in
the
zoning
code
that
regulates
what
the
content
of
a
sign
face
is
now
weather,
isn't
just
the
area
that
it
covers.
A
M
M
The
original
I
want
to
address
a
couple
thing,
but
first
I
wanted
to
thank
the
board
for
granting
a
continuance
to
this
from
last
month,
due
to
some
circumstances.
Beyond
my
control,
I
asked
for
that.
I
appreciate
that
the
individual
applicant
is
a
business
to
be
named
three
wide
entertainment.
It's
actually
a
business
name
of
a
mr.
Christopher
Scott's.
He
asked
me
to
express
his
apologies
for
not
being
able
to
be
here
tonight
either
due
to
his
work
schedule.
M
This
you
so
we
applied
for
a
use
as
a
club
and
Assembly
Hall,
and
the
description
was
dancing
entertainment.
What
mr.
Starr's
plans
to
do
at
this
location
is
to
have
an
adult,
entertainment
establishment
and
that
is
defined
in
the
code.
There
will
be
exotic
dancing
that
will
take
place
inside
this
establishment.
There
will
be
no
sale
of
any
alcohol
or
food
for
that
matter.
There
may
be
there
would
be
anticipated
that
they
would
have
the
ability
to
bring
in
their
own
beverages.
M
The
actual
floor
plan
is
9,000
square
foot.
However,
only
4,800
square
foot
of
that
is
going
to
be
used
for
the
public,
so
there
will
be
120
up
to
120
fixed
seats
in
this
use,
the
remaining
4200
square
feet
or
something
will
be
taken
up
by
dressing
rooms,
office
staff
rooms
and
they're.
Also,
their
stage
is
going
to
be
constructed
so
that
there
will
be
a
six-foot
dead
zone
around
the
state
law,
prohibits
contact
with
exotic
dancers
within
a
six
foot
radius,
so
they'll
be
a
stage
and
then
on
a
six
foot.
M
No
contact
zone
around
that
stage
that
we're
submitting
to
the
board
would
not
be
available
for
public
access
or
public
use.
It
seems
when
I
look
at
Athens
code.
I
know
that,
as
of
December
17
2007,
there
was
nothing
in
the
zoning
code
that
would
prohibit
the
use
of
adult
entertainment
establishments.
The
rumor
is,
as
I
understand.
I
have
not
been
able
to
verify
that.
Perhaps
there
is
some
legislation
enacted
since
that
date.
M
M
We've
also
asked
for
Clubman
status,
I
think
pros
use
was
deemed
a
private
club
and
we
could
I
actually
make
membership
condition
of
entry
into
the
club,
and
we
would
be
willing
to
do
that.
If
that
you
know
fits
board
sneezed,
but
club
is
defined
in
the
in
the
code
section
see
if
I
can
grab
that,
for
you.
M
The
issue
I
think
in
this,
where
I
guess
what
I
would
ask
the
board
to
do
in
the
site
in
this
case
is
to
remain
content
neutral
because
he's
the
issue
of
whether
or
not
expressive
dancing
for
exotic
dancing,
that's
going
to
occur
in
us
as
a
as
an
activity.
That's
been
long
protected
by
the
First
Amendment
of
the
United
States
and
Ohio's
Constitution,
and
to
base
a
decision
on
this
permitted
use
on
the
content
of
what's
occurring
in
there.
M
I
believe
would
be
a
violation
of
this
tenants
and
and
the
owners
rights
and
guaranteed
under
the
First
Amendment.
Also,
there
appears
to
be
some
difficulty
in
my
estimation
to
with
some
due
process,
guarantees
that
are
also
required
by
our
Constitution
and
in
that
effect,
is
that
the
terminology
that
is
used
currently
in
the
Athens
zoning
code
is
vague
and
ambiguous
and
I
think
that
the
board
can
should
be
mindful
of
guaranteeing
the
due
process
rights
of
this
user
and
not
just
arbitrarily
assigning
definitions
that
would
prohibit
this
use
based
solely
on
content
regulation.
M
F
Question
is
with
respect
to
again
the
parking
space.
Is
that
the
nature
of
this
program
that
you
have
in
there
is
it
like
a
fixed
amount
of
time?
People
will
be
there
and
then
they
all
leave
and
the
new
guru
comes
in
or
is
it
ongoing
process?
You
know,
because
that
changes
the
parking
space
parking,
girl,
I
believe.
I
E
I
M
M
M
N
I
A
B
Clarification
on
the
parking
I'm,
sorry
that
I
didn't
add
that
my
original
comments
there
are
approximately
52
parking
spaces
there.
Now
there
is
the
possibility
of
adding
about
four
more
if
the
awnings
taken
off
the
front
of
the
building.
So
but,
let's
just
say
we're
in
the
range
of
about
50,
there's
a
parking
lot
across
the
street
from
the
hood
there's
a
lot
with
this
property
across
the
street
from
the
pharmacy.
That's
60
feet
wide,
which
is
a
sufficient
with
to
have
double
loaded,
what
they
call
double
loaded
parking.
What.
B
B
I
B
B
If
you
remember,
when
new
to
you
was
there,
they
had
a
drop-off
door
at
the
back
correct
and
you
could
drive
around
the
side
of
the
building
and
there
was
kind
of
like
angled
parking
right.
There
give
it
a
nine
foot
stall
with
minimum.
There
are
about
17
parking
spaces,
then
that
could
go
along
beside
the
building,
all
the
way
back
toward
the
roller
Bowl
and
then
there's
some
parking
in
front
of
the
building
and
then
there's
enough
room
to
bath,
because
the
lift
was
taken
out
from
in
the
auto
repair
place.
B
B
B
Automobile
or
machinery,
sales
and
service
garage
is
one
for
every
eight
hundred
square
feet,
so
the
area
that
they
occupy
requires
about
four
parking
spaces.
There's
also
been
a
permit
approved
to
use
the
front
part
of
the
building
right
up
at
the
corner
for
car
sales
facility.
It
would
fall
under
the
same
category
automobile
sales
and
it
would
require
I
can't
remember
exactly,
but
it's
three
or
four,
let's
just
use
the
high-end
for
in
the
back.
B
A
S
A
S
S
S
Yes,
okay,
I
can't
hardly
see
what
I've
written
now
I
think
this
will
bring
a
bad
element
to
the
community.
It
is
within
a
close
proximity
of
where
I
live
and
I
know
some
people
who
are
much
older
than
me
that
lives
within
a
block
of
where
this
is
going
to
be
I.
Think
it's
too
close
to
the
schools
and
I
think
that
it
will
bring
a
bad
element
and
I
do
not
believe
we
have
enough
police
force.
Our
police
force
is
not
adequate
enough
to
perhaps
handle
what
is
likely
to
follow.
S
A
club
such
as
this
so
I
vehemently
oppose
such
a
club
in
this
particular
location.
Now,
if
they
want
to
take
it
outside
of
the
city,
someplace,
that's
their
business,
but
in
this
proximity
it
sits
close
to
there's
a
there's,
a
bank.
There
are
very
other
businesses
there
and
and
thinking
about
the
new
building.
That's
coming
up
for
students.
C
C
A
D
Excuse
me,
I
was
warned
earlier:
I'm
Glenn
mat
black
I
have
a
house
at
35
Morris
Avenue,
which
I
share
with
my
family,
including
two
young
children
su.
We
are
slightly
beyond
100
feet
from
the
property
in
question
they're
somewhere
around
180
I
would
guess,
but
from
our
back
windows
we
can
easily
see
with
leaves
off
the
trees.
The
property
in
question
and
I've
already
had
to
answer
questions
from
my
grade
school
children
as
to
what
a
strip
club
is.
What
do
people
do
there?
Why
are
people
excited
about
it
and
it
is
not
fun.
D
I'm,
a
little
surprised
at
the
discussion
as
to
the
definition
of
this
under
the
law.
Is
this
a
assembly
room?
Is
this
club?
Is
this
an
entertainment
venue?
It
seems
to
me
that
the
definition
is
quite
clear
and
that
when
the
people
who
originally
formed
those
codes,
whatever
they
wrote,
them
would
not
were
not
thinking
of
a
strip
club
when
they
they
framed
it
in
those
terms
and
city
code
is
quite
that
recognizes
this
sort
of
establishment
and
is
quite
explicit
about
it.
D
In
section,
1305
11,
the
often
city
code,
states
and
I
quote,
no
person
shall
create
direct
for
produce
and
obscene
performance
when
the
offender
knows
that
such
material
is
to
be
used
for
commercial
exploitation
or
will
be
publicly
presented,
I
move
down
the
paragraph
slightly
and
I
quote
no
person
shall
advertise
an
obscene
performance
for
presentation
or
present
or
participate
in
obscene
performance
when
such
performance
is
presented
publicly
or
with
admission
is
charged.
So
it's
pretty
clear
at
least
to
me
that
this
use
runs
against
establish
the
city
code.
There
seems
to
be
no
acuity.
D
D
I
think
the
official
category
is
a
luxury
car
lot,
I'm,
not
sure
what
that
means,
but
it's
essential
that
you'd
be
used
car
lot
and
the
vision
that
I
got
from
reading
the
paper
about
this
is
that
there
would
be
one
business
in
one
part
of
the
building,
the
other
business
and
the
other
part
of
the
building.
Now
car
Lots
by
their
nature,
use
a
lot
of
parking
not
to
line
up
the
cars
in
an
attractive
way
and
that
parking
space
would
eat
into
these
parking
spaces
that
mr.
D
L
D
Family
neighborhood
many
elderly
citizens
at
school
and
the
police
will
tell
you
this
sort
of
businesses
are
accompanied
by
a
high
incidence
of
rowdiness,
public
drunkenness
and
various
sorts
of
crime,
and
I
really
don't
want
that
spilling
over
into
my
neighborhood
in
larger
sense.
This
seems
to
me
to
set
the
tone
for
the
development
of
Stimson
avenues.
Stimpson
Avenue
is
the
turning
point.
Several
long-established
businesses
have
folded.
Unfortunately,
we're
looking
at
redevelopment
in
the
area
when
the
developer
comes,
the
tensional
developer
comes
and
looks
at
it.
D
What
they
want
to
put
there
will
be
determined
to
some
extent
by
what
they
see
there
if
they
see
carefully
thought-out
commercial
development,
prospering
businesses,
restaurants,
small
shops-
without
with
lodging
that-
will
direct
their
minds
in
one
way.
If
they
see
they
did
lots
a
car
lot,
the
strip
club
that
will
direct
their
lines
in
another
direction.
Okay,
I,
don't
think
we
want
to
go
in
that
other
direction.
D
I
E
L
Debbie
fell
instead
of
it
48
Hudson
Avenue,
member
of
Athens
City
Council.
You
all
know
that
we
have
been
considering
and
are
working
through
the
process
to
amend
some
ordinances
relating
to
businesses
of
this
nature.
Obviously,
those
would
affect
any
future
proposals
and
not
one
that
is
currently
under
consideration,
but
one
of
the
things
that
I
think
is
relevant
is
in
that
process.
L
We've
been
made
aware
of
a
lot
of
the
information
about
the
secondary
effects
of
this
type
of
activity,
and
while
the
activity
is
constitutionally
protected
and
your
your
decision
can't
really
be
based
on
the
content
of
that
activity,
I
think
it's
perfectly
legitimate
to
consider
the
secondary
effects.
One
of
the
examples
that
was
provided
to
us
was
a
newspaper
article
about
a
shooting
at
a
similar
facility
in
Columbus,
where
two
people
were
killed
in
2006,
and
that
was
a
facility
that
was
a
bring
Europe,
bring
your
own
beverage
kind
of
operation.
L
So
there
there
is
documentation
of
negative
secondary
impacts
of
these
kinds
of
businesses.
That
I
think
would
be
legitimate
for
you
to
consider.
I
would
also
refer
as
well
to
the
comprehensive
plan
and
the
the
corridor
plan
for
Simpson
Avenue,
which
many
people
in
the
community
had
an
opportunity
to
weigh
in
on
that
has
been
approved
by
the
training
commission,
the
end
by
City,
Council,
so
I
think
as
you're
considering
the
the
general
character
of
activities
allowed
in
the
zone.
L
We
have
some
indication
to
guide
us
as
to
what
the
community
expects
to
see
how
there
and
I'm
aware
that
some
of
the
property
owners
along
that
corridor
are
very
interested
in
moving
forward
in
you
know,
working
toward
that
vision
for
that
corridor.
So
you
know,
in
addition
to
looking
at
the
secondary
impacts
and
the
fact
that
it
is
close
to
an
elementary
school
in
a
residential
neighborhood,
that
those
are
things
we
can
be
concerned
about.
L
We
also
do
have
some
guidance
about
what's
planned
for
that
area
and
they
also
amer
that
the
the
property
owner
has
several
other
options
that
are
are
being
considered
for
this
property.
There's
a
recent
application.
That's
been
made,
and
I
spoke
with
him
earlier
today
and
I
think
that
we
do
have
the
the
opportunity
to
you
know,
move
toward
a
more
appropriate
use
of
that.
That.
L
A
L
Those
are
just
a
couple
things
that
I
wanted
to
mention,
also
as
you're
looking
at
the
parking
requirement
it
looked
like.
There
were
several
options,
because
this
doesn't
exactly
fit
anything
in
that
table
about
the
parking
requirement.
If
it
seems
more
like
the
use
that
requires
one
space
for
a
hundred
square
feet,
then
4,800
square
feet
of
public
space
would
require
more
than
the
40
or
so
spaces
that
seem
to
be
available.
So
just
mention
that
as
well.
A
E
B
This
became
fairly
well
known
to
the
public.
I
started
receiving
quite
a
few
emails.
My
copied
each
one
of
those
because
I
believed
them
to
be
a
public
record,
inform
the
people
who
sent
them
to
me
that
I
was
going
to
place
it
in
the
record
and
then
a
very
few
actually
written
letters
that
came
in
I
would
say.
B
B
A
Well,
the
petition
that
we
have
here
and
I
estimated
about
50,
okay,
but
then
there's
a
petition
with
24
names
on
it
say
we.
The
undersigned,
have
concerns
about
the
permitting
of
Simpson
Avenue
gentlemen's
club.
We
feel
very
lunes
public
forum,
they're
professionals,
even
for
this
permit
to
the
Athens
Board
of
Zoning
Appeals
and
which
he
did
and
I've
selected
a
sampling
of
the
letters
from
people.
A
One
is
dated
recently
Tuesday
January,
15
doctor's,
not
so
recent
dear
mr.
Pearson
have
grave
concerns
about
the
potential
gentleman's
club
has
been
proposed
for
the
Stimson
Avenue
neighborhood
I
believe
it
would
make
a
significant
negative
statement
about
the
community,
particularly
in
its
Prince
Emily,
to
East
elementary
school.
A
The
senior
citizens
center,
as
well
as
the
new
apartment
complex
being
constructed
quite
near
that
proposed
site
I,
have
no
problem
with
such
an
establishment
being
built
in
some
remote
area
from
city
residential
communities,
but
I'm
dead
set
against
it
in
the
center
of
town,
and
this
was
signed
by
Richard,
K,
Drax,
Richard,
K
bracket.
Then
another
layer
also
short
so
I
can
read
it
I'm
very
concerned
about
mr.
cub
being
proposed
for
students
in
Avenue.
This
is
a
family
neighborhood
with
elementary
schools
close
by.
A
In
addition,
this
will
ruin
the
comprehensive
plan
for
the
area
which
would
emphasize
family
and
student
retail
stores
and
pedestrian
traffic.
Such
stores
will
be
less
inclined
to
locate
next
to
a
strip
joint.
Please
refer
this
case
to
the
Board
of
Zoning
Appeals
that
use
more
discussion
more
chance
for
public
input.
This
was
June
Hawley
on
eighth
Lincoln,
Street
and
and
it's
an
example
of
a
longer
letter
dated
a
lot
of
things,
but
this
was
email,
January
15
dear
mr.
A
Pearson,
I'm,
writing,
because
I'm
dismayed
that
the
Near
East
neighborhood,
apparently
is
about
to
be
graced
where
the
gentlemen's
club
on
Stinson
Avenue
I
employ
you
to
refer
the
permit
decision
to
the
broader
Zoning
Appeals.
The
public
deserves
a
chance
to
comment
informally
status,
complaints
on
a
project,
that's
certain
to
harm
the
neighborhood.
Personally,
my
biggest
objection
is
that
a
strip
club
has
no
place
in
the
neighborhood
full
of
families
of
two
young
children.
A
I
have
two
children
aged
four
and
eight
I'm,
neither
naive
nor
a
prude,
but
I
see
no
good
reason
why
a
strip
club
needs
to
be
located
within
a
few
hundred
feet
of
our
home
every
other
mom
and
dad
have
spoken
to
feels
the
same
way.
Moreover,
the
project
would
be
located
among
residential
buildings
and
appallingly
close
to
East
elementary
school.
Other
cities
Cleveland,
for
instance,
regulate
the
placement
of
strip
clubs
by
requiring
them
to
be
at
least
1015
40
schools,
parks,
playgrounds,
daycares,
etc,
and
she
references
that
place
to
search
I've
got
Cleveland.
A
This
club
will
further
hurt
the
neighborhood
economically.
Existing
plans
for
upgrading
Stimson
would
be
strongly
undermined.
What
new
business
or
Housing
Development,
which
seems
to
be
located
next,
restrict
closed.
I,
don't
know
if
property
values
for
homeowners
would
be
depressed,
and
that's
not
my
chief
concern,
but
it
does
appear
to
be
another
possible
effect.
Other
impacts
include
the
potential
for
increased
crime
and
disorderly
conduct
in
the
immediate
vicinity
of
the
club.
This
would
put
increased
demands
on
our
already
strained
public
safety
system.
A
There
well
may
be
a
market
for
strip
club
in
Athens,
but
honestly,
there
are
very
good
reasons
that
in
other
cities
that
have
strip
clubs
they're
located
at
the
edge
of
town
or
at
least
far
from
residential
areas,
this
would
be
a
far
more
appropriate
solution
for
Athens
as
well.
If
the
developer
wants
to
maintain
cordial
relations
with
the
community,
he
would
be
well
advised
to
look
into
alternative
less
central
locations.
I.
Ask
you
to
please
ensure
that
Zoning
Board
of
Appeals
gets
involved
in
this
process.
A
That
Athens
deserves
development
that
will
enhance
the
community,
the
quality
of
life
for
all
of
its
residents,
not
degraded
while
putting
cash
in
the
pockets
of
a
few
well
heeled
individuals.
Many
thanks
for
your
time
and
consideration.
This
was
sincerely
nutritious
Doakes
67
Morris
Avenue,
which
is
Chris
by
and
let's
see,
I
have
there's
one
other
of
the
many,
but
this
one
is.
A
A
They
have
a
tremendous
responsibility
because
they're
just
as
safe
the
type
of
community
we
will
have
in
future
I
guess
referring
to
the
Zoning
Board,
a
strip
club
in
the
middle
of
a
neighborhood,
if
I'm
a
person
of
character
looking
for
a
place
to
move
my
family,
if
we're
going
to
be
it
to
a
neighborhood
little
strip
club,
you
can
say
gentlemen's
club,
but
it
roses
are
rose
by
any
other
name.
I
would
not
want
my
children
to
grow
up
thinking.
This
type
of
entertainment
is
family-oriented.
A
It's
a
business
that
will
only
appeal
to
a
certain
type
of
individual,
not
a
whole
family.
They
will
be
responsible
for
their
decision
that
once
done,
it'll
be
difficult
to
another,
so
they
must
ask
themselves
what
will
it
bring
to
this
neighborhood?
How
will
this
strip
club
advance
the
neighborhood?
How
will
the
strip
club
benefit
the
east
side?
How
will
this
strip
club
to
facilitate
the
raising
of
children?
How
will
this
strip
club
facilitate
the
growth
of
young
people
into
responsible
adults?
How
will
the
strip
club
turn
away
respectable
business
and
respectable
people?
A
How
little
do
I
care
about
the
people
living
living
in
Athens?
How
little
do
I
care
about
the
families
living
in
East,
Side
neighborhood,
with
this
approval,
the
East
Side
families
are
forgotten
and
less
children
discarded.
With
this
approval,
the
quality
and
safety
of
the
neighborhood
is
compromised
for
the
good
of
no
one.
So
in
the
final
analysis,
the
decision
is
theirs.
A
This
was
Sally
Herron
of
35
Meadow
Lane,
this
one
that
seems
a
bit
content,
oriented
and
I
got
started
and
I
didn't
stop
the
ones
that
anyway,
let's
see
what
I
may
have
a
new
ton
of
Cox,
we
did
a
good
sample.
That
is
a
representative
sample.
Some
of
them
were
like
that
and
I
do
also
have
one
from
the
superintendent
of
schools,
which
was
that
the
next
one
down.
A
A
The
the
superintendent
no
principal
basically
said
similar
things
so
as
a
superintendent,
the
Avenue
City
School
District
I'm.
Writing
this
letter.
In
regards
to
the
above
reference
business,
a
three-wide,
entertainment
business
that
has
been
issued,
it
hasn't
been
issued
a
permit
I
guess
he
thought
it
was
an
article
in
the
Athens
news.
Monday
January
14
outlined
a
request
for
a
permit
to
open
a
private
club
with
dancing
and
obtaining
the
building.
A
As
the
representative
for
the
school
district
I
feel,
the
application
for
an
adults-only
gentlemen's
club
on
the
reference
site
should
be
referred
to
the
board's
own
Appeals
for
review
and
public
comment.
Please
consider
the
impact
this
type
of
business
on
Stimson
Avenue
will
have
on
the
local
community
of
the
Near
East
Side
I.
Believe
such
a
business
could
be
a
detriment.
A
It
could
be
detrimental
to
the
safety
and
welfare
of
the
children
in
nearby
residential
neighbourhood
and
those
attending
East
elementary
school
I
also
believe
this
type
of
business
will
be
harmful
to
a
future
economic
development
along
Stimson
Avenue,
given
the
many
needs
of
our
community
and
the
diminished
availability
of
land
and
buildings
for
good
economic
development.
This
type
of
business
should
not
be
allowed
to
occupy
such
a
precious
resource,
I,
sincerely,
hopefully
verse
in
this
matter
to
the
Board
of
Zoning
Appeals.
A
As
the
principal
of
East
Elementary
I'm
writing
this
letter
in
regard
to
three
wide
entrance
application
for
zoning
certificate
of
seven
two:
five:
oh
one:
nine
and
thirteen
East
Stimpson
Avenue
an
article
in
the
Athens
news,
Monday
January
14
outline
a
request
for
a
permit
to
open
a
private
club
with
dancing
and
entertainment
in
the
building.
I
feel
the
application
for
an
adults-only
gentlemen's
club
on
the
above
site
should
be
referred
to
the
Board
of
Zoning
Appeals
for
review
and
public
comment.
P
A
M
I
would
like
to
address
some
of
the
concerns
that
were
voiced
today.
First
off
is
and
I
hope,
I
don't
get
things
wrong
and
I
tried
to
write
down
as
fast
as
I.
Could
mr.
Matt
lacks
concerns
that
this
use
would
somehow
violate
the
Criminal
Code
sections
that
are
embodied
in
Athens
code,
and
there
was
a
morals
of
decency
code
that
outlines
certain
criminal
offenses,
one
of
which
would
be
pandering.
Obscenity
and
I
can
assure
this
board
and
mr.
Matlack
that
whatever
goes
on
in
that
establish
that
will
not
meet
the
definition
of
obscenity.
M
M
Miss
Phillips,
councilperson
Phillips
is
correct
in
when
you're
enacting
legislation
such
as
I
believe
the
city's
in
the
process
of
doing
that
would
put
prior
restraint
upon
this
at
all
entertainment
establishments.
You
are
enable
able
to
consider
those
issues
like
secondary
effects.
You
know
the
crime
that
may
be
speculative
at
best
that
this
use
would
create,
and
you
know,
reports
of
killing
of
a
Columbus
walk
has
stuff.
M
You
are
allowed
to
consider
those
secondary
effects
in
enacting
this
ordinance
and
and
in
supporting
regulation
of
disorders,
but
there
is
no
coordinates
at
this
juncture
that
were
regulate
this
type
of
behavior
and
so
I
think
that
it
would
be
improper
for
the
Lord
to
base
their
decision.
That's
whether
or
not
to
grant
this.
This
initial
use
permit
based
upon
the
speculation
that
there
may
be
some
crime.
M
That
would
be
the
increase
or
you
know,
because
of
the
use
of
this
property,
and
so
what
would
just
like
to
reiterate
that
this
is
the
first
time
our
request
for
this
use.
We're
not
talking
about
a
variance
we're
talking
about.
Is
this
use
in
conformity
with
the
zoning
code,
as
it
is
enacted
in
December
of
2007
and
I?
M
Believe
that
our
point
was
that
if
you've
called
an
assembly
hall,
which
it
is,
if
you
call
it
a
club
which
it
is,
if
you
call
it
a
entertainment
which
it
certainly
is,
then
all
those
uses
can
be
can
be
at
this
location
and
the
parking.
It
is.
It's
more
than
adequate
for
any
of
those
assembly
hall
uses
for
the
club
use
and
for
the
entertaining
use.
M
This
is
a
good
activity
that
goes
on
there
or
a
bad
activity
that
goes
on
there,
but
take,
for
instance,
let's
say
pick
up
religion.
A
Baptist
Church
wanted
to
go
into
an
area,
that's
zoned
for
church.
Okay,
are
you
going
to
listen
to
you
know
a
community
full
of
Catholics
that
doesn't
want
to
Baptist
Church
in
their
community
I
mean
saying
that
you
know
our
religions
only
one
Baptists
aren't
you
know
the
particulars
that
we
want
our
community.
You
would
certainly
never
never.
M
It
is
a
clickable
use
under
your
code
and
if
you
were
to
abide
by
the
wishes
of
the
residents
of
Athens
that
have
stood
here
tonight
or
sent
you
letters
and
emails,
then
what
you're
doing
is
you're
regulating
this
use,
based
solely
upon
the
content
of
the
speech.
That's
happening
there
and
I
want
to
talk
to
your
law
director.
If
you
have
not
already,
he
may
be
in
a
room
that
I.
M
A
We
all
know
that
we
can't
consider
the
kind
of
activity
we're
not
we're,
not
regulating
we're,
not
gonna,
be
regulating
obscenity
or
anything
like
that.
We
are
all
aware
of
that.
Right.
Okay,
we're
not
going
to
be
in
getting
into
any
protected
speech
issues
here,
because
that's
not
what
we've
been
asked
to
do,
but
do
we
have
any
kind
of
guidance
that
we
should
be
having
other
than
that
that
we
want
to
be
considering
what
this
yeah.
P
P
A
A
T
T
That
said,
it
would
be
nice
if
we
had
a
straightforward
legal
definition
of
exactly
what
constitutes
a
you
know,
a
use
that
would
be
a
you
know
in
the
same
general
character
of
a
principally
permitted
use
and
it's
yeah,
but
that's
ultimately
you
know
what
this
board
is
empowered
to
decide
under
the
code.
You
know
we
have
12,
you
know
delineated
specific
things
that
are
principally
permitted
uses
for
a
b3
zone,
and
then
we
have
you
know
this.
T
This
line,
which
is
being
the
VOC
tier
this
evening
for
those
things
that
are
not
specifically
put
out
in
Dakota's,
permitted
uses
that
are
not
precipitous
pacifically
prohibited
for
that,
and
so
you
know
I
think
that
you
know,
as
obviously
as
madam
chair,
as
you
said,
clearly,
whatever
it
is,
a
decision
this
board
should
make
tonight
is
not
going
to
be
based
upon.
You
know
the
you
know
the
the
First
Amendment,
you
know
protected.
You
know
sorts
of
speech
and
it's
not
going
to
to
address
an
issue
that
was
raised
earlier
about
due
process
I.
T
Don't
necessarily
think
that
we're
dealing
with
a
situation
that
is
overly
Vedic
I,
think
that
you
know
the
language
is
what
it
is,
which
is
to
say
that
this
board,
which
is
comprised
of
members
of
the
community,
is
empowered
to
determine
whether
what
you've
heard
here
tonight.
Whether
this
proposal
is
something
that
would
be
considered
to
be
in
the
same
general
character
of
other
things
that
are
allowed,
so
that's
kind
of
where
we're
at
and
that's.
T
I
T
No
I
don't
think
we've
got
a
specific
definition,
I
mean
that's
a
is
director
Pierson
said
earlier.
The
reason
that
it's
here
before
the
board
tonight
is
because
it
doesn't
fit
neatly
into
one
of
those
boxes
that
has
been
laid
out
in
the
code
as
being
allowable
for
this
zone,
but
by
the
same
token,
there's
nothing
that
comes
out
and
directly
says
that
something
like
this
is
not
allowed.
T
A
T
I
O
T
T
G
A
I
G
A
F
Let's,
just
let's
just
go
over
those
similar
things
that
is
mentioned:
it
is
12
items,
hospitals,
animal
shelters,
animal
clinics,
building
and
printing
trades
bottling
boards
contractors,
your
agricultural
farming
activities.
These
are
the
activities
that
you
can
take
your
family
in
there
the
neighborhood
can
go
in
there
and
heavy
use.
We
have
benefit
to
their
family,
but
this
is
not
going
to
be
similar
because
I,
don't
think
anybody
in
the
neighborhood
is
going
to
be
using
utilizing
this
facility
and
you're
like
I'll,
take
your
family
in
there.
So
that's
what
the
similarity
comes.
F
You
know
that
type
of
the
businesses
we
are
talking
has
a
benefit
to
the
immediate
neighborhood.
But
I
don't
think
this
there's
going
to
have
any
impact
on
there
is
a
benefit
to
their
people's
in
the
neighborhood.
So
when
we
compare
the
similarity,
those
are
the
type
of
the
items
or
activities
that's
mentioned
in
those
twelve
items.
P
P
A
N
P
I
Beers,
grandma,
don't
know
I,
don't
know,
I
think
you
need
to
look
at
what
is
this
neighborhood
like
and
I'm
talking
only
about
Simpson
Avenue
as
a
general
business
area?
But
if
you
move
20
feet
beyond
it,
you
are
in
fact
at
a
residential
area.
We
only
talking
about
as
the
code
exists
now
it
says
you
can
only
be
within
a
hundred
feet
of
a
particular.
I
Doesn't
yes
it
does.
We
are
allowed
to
consider
other
uses
that
are
not
named
here.
You
could
say:
well
it's
a
nightclub,
but
it's
a
nightclub
with
a
difference.
Isn't
it
you
could
say
it's
just
an
assembly
hall.
I
cannot,
in
my
father's
imagination,
call
this
an
assembly
hall,
because
an
assembly
hall
is
where
people
go
to
discuss.
Issues
like
who
will
shall
we
have
for
our
local
sheriff
who
wants
to
work.
A
I
This
similar
in
nature
and
character
to
what
is
presently
on
Stimson
Avenue
and
in
the
larger
area,
which
is
very
closely
allied
to
this
area
within
20
feet.
I'm
talking
about
now,
I'm
gonna
read
a
couple
of
things.
One
is
from
a
document
that
our
former
law
director
Terry
hunter,
gave
us
on
municipal
zoning
and
on
page
13.
I
K
I
The
discretion
of
the
board
I
hate
to
bore
you
with
too
much
of
this,
and
it's
talking
about
variances
specifically
and
we're
not
being
asked
to
grant
a
variance,
but
the
effect
would
be
the
same
essentially
because
it
would
give
this
property
owner
the
right
to
use
this
property
for
a
particular
use.
In
this
case
the
exotic
dancing
club.
I
It
says
the
determination
of
the
question
whether
a
variance
should
be
granted
is
a
matter
within
the
sound
and
wide
discretion
of
the
Board
of
Zoning
Appeals,
and
this
refers
to
mental
lagoons,
Inc
versus
Zoning,
Board
of
Appeals,
etc,
etcetera,
a
particular
case.
In
the
absence
of
proof
to
the
contrary,
the
Board's
decision
in
relation
to
a
variance
application
will
be
presumed,
valid
and
reasonable.
Again,
a
case
is
cited.
This
is
evil
versus
Wilson.
I
It
will
be
nullified
by
court
only
when
the
decision
constitutes
an
abuse
of
the
board's
discretion.
Again,
a
case
is
cited
in
the
the
camera
versus
hire
again
a
case
where
it
might
be
put
aside
a
use
of
power
in
excess
of
that
granted
to
the
board
again
another
cases
cited
or
an
unreasonable
ruling.
I
Under
all
circumstances,
then
it
goes
on
to
say
a
zoning
regulations
impose
a
variety
of
requirements
upon
the
granting
of
a
variance
the
factors
upon
which
a
board
of
appeals
may
consider
in
relation
to
a
variance
application
may
not
always
be
the
same.
However,
the
ordinances
and
enabling
acts
are
sufficiently
standard
to
permit
some
generalizations
of
these
factors
and
here's
the
point
I
want
to
make.
I
It
is
clear
that
the
board
must,
in
the
usual
case,
examined
the
unique
circumstances
of
the
okay,
the
character
of
the
neighborhood,
where
the
proposed
use
will
be
situated,
the
effect
of
the
variant
use
on
other
property,
the
probable
effect
of
proposed
use
on
the
area
where
it
will
be
maintained
in
the
general
effect
of
on
health,
safety,
morals
and
welfare
of
the
community,
see
Spencer
vs.
Board
of
Zoning,
Appeals,
etc,
etc,
etc.
I
In
determining
whether
variants
should
be
granted
in
this
case
at
use,
rather
than
a
variance,
the
board
may
consider
the
nuisance
potential
inherent
in
a
particular
use
in
relation
to
its
surroundings
and
a
denial
of
the
variance
is
not
unreasonable
when
fairly
prompted
by
such
considerations.
So
it
seems
to
me
that
we
do
have
the
right
to
consider
some
secondary
effects
dealing
with
currently
in
place,
rather
than
simply
speculating
on
what
may
be
an
ordinance
later
on.
A
Do
we
understand
them
that
what
we're
what's
at
issue
right
now
is
whether
or
not
this
adults-only
Club
can
be
compared
to
something
where
it's
not
in
the
code
that
it's
permitted,
but
it's
not
in
the
code
that
it's
not
permitted.
Is
you
know,
as
in
that
description,
whether
or
not
it
is
a
pretty
silly
permitted
use
in
B
3,
because
it's
like
something
that
has
been
shown
to
be
principally
permitted
as.
I
F
F
F
A
I
It's
been
pointed
out
that
this
is
not
the
only
location
in
Athens
that
might
be
considered
for
such
a
club.
So
we're
not
saying
that
there
can
be
no
such
thing,
because
that's
not
our
right
to
say,
and
we
should
also
remember
that
the
owner
of
this
property,
who
is
not
the
appellant
tonight,
has
in
fact
already
submitted
architects
plans
for
the
different
years
and
that
plan
has
been
passed
on
to
the
Planning
Commission's
mr.
Pearson,
and
they
have
already
set
a
date
to
talk
with
mr.
Pro
Coast
about
to
that
plan.
Anything.