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From YouTube: Board of Zoning Appeals Meeting 06-10-08
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A
Good
evening
this
is
a
meeting
of
the
Athens
Board
of
Zoning
Appeals.
At
this
time,
7:02
p.m.
the
meeting
is
called
to
order.
Today
is
June
12
2008.
The
board
consists
of
five
members
and
two
alternates
and
alternate
takes
full
part
and
discussions
of
the
board.
It
becomes
a
voting
member
and
the
absence
or
conflict
of
interest
of
a
regular
member
present.
This
evening,
our
members
betty
ho
john
gozi
Greg
Lebel
myself,
Uriel
Frederick,
chair.
B
A
Present
this
evening,
our
Zoning
Administrator
Steve
Pearson
and
Paul
ash
and
Buckner
our
acting
secretary,
the
board
operates
according
to
the
following
procedure.
The
chair
will
name
and
describe
the
case
and
the
Zoning
Administrator
site.
The
specifics
of
the
refusal,
the
appellant
or
representative
then
will
state
the
case
for
granting
the
appeal.
A
The
testimony
will
next
be
taken
from
those
who
support
granting
the
appeal,
then
those
who
wish
to
speak
in
general
comment
and
then
those
who
spoke
support
denial
of
the
appeal
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
other
under
Athens
city
code
23:07.
Oh
three
B
the
board
has
the
power
to
grant
such
variances
from
the
code,
as
will
not
be
contrary
to
the
interests,
so
that
the
spirit
of
the
code
shall
be
observed.
A
23152
factor,
based
directly
on
the
evidence
provided
to
it
that
the
following
six
criteria
are
met,
practical
difficulty
or
undue
hardships.
There
must
exist
a
practical
difficulty
or
undue
hardship
caused
by
exceptional
circumstances
pertaining
to
the
specific
piece
of
property
number
two
exceptional
circumstances.
There
must
exist,
exceptional
circumstances
or
conditions
applying
to
the
property
or
its
intended
use
that
do
not
in
general,
apply
to
properties.
In
the
same
zoning
district
number
three
preservation
of
equal
property
rights.
A
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
number
four
minimum
variance.
It
must
be
determined
that
the
variance
is
the
minimum
required
to
make
reasonable
use
of
property
absence
of
detriment.
It
must
be
determined
that
the
granting
of
the
variance
will
not
be
a
substantial
detriment
to
adjacent
properties.
Norma
t
really
impair
the
purposes
of
the
code
or
the
public
interest
and
last
not
of
a
general
nature.
A
The
variance
sought
must
not
be
of
a
general
or
recurring
nature
such
that
essentially
such
that
the
situation
would
more
reasonably
be
handled
by
changing
the
law.
The
board
also
is
empowered
to
hear
and
decide
applications
for
conditional
substitutions
for
non-conforming
use
temporary
uses
and
appeals
where
it's
alleged
for
the
appellant
that
there
is
an
error
in
the
decision
decision
made
by
the
Zoning
Administrator
regarding
enforcement
and
interpretation
of
the
code
and
requests
for
interpretation
of
the
code.
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
upon't
tonight.
There
are
four
cases
on
the
agenda:
number
0,
8,
1,
2,
v,
438
Mulligan
road,
which
is
zoned
r1,
Patrick
and
Kristen.
A
Beatty
are
the
appellant
number
Oh
8
1
3
v
4
102
West
Union
Street,
which
is
zoned
B
1
Abdi
Sheikh
is
the
appellant
number
0
8
1
4
V
4
108
Sunnyside
drive,
which
is
zoned
r1
wilson
dayton
dayton.
Sorry,
is
the
appellant
and
number
0
8
1
5
I
SP.
Yes,
ok,
419
South,
Congress,
Street
and
jacks,
which
is
19
South
Congress
Street
is
owned.
B3
and
Jack.
Stouffer
is
the
appellant.
The
board
is
required
by
law
to
take
testimony
under
oath
anyone
wishing
to
speak
this
evening.
Please
stand
to
be
sworn.
A
All
right
our
first
case
this
evening,
then,
is
number
zero.
Eight
one,
two
V
its
twenty
eight
Mulligan
wrote
in
zone
r1,
and
the
opponents
are
requesting
a
variance
from
2303
foot,
one
four
to
permit
installation
of
a
fence
with
a
front
setback
of
zero
feet
where
twelve
and
a
half
feet
is
the
permitted
minimum.
A
D
D
It's
a
long
narrow,
a
lot
parallels,
Curtis
Street
and
goes
back
to
with
the
fifty
four
point:
five
feet
at
the
rear
of
property
line,
and
it's
the
owners
intent
to
place
a
fence
right
on
that
property
line,
as
indicated
on
the
drawing
they
provided
along
the
Curtis
Street
side,
which
is
a
side
street
setback,
the
admin
city
code,
section
23,
O,
3,
1,
4,
talks
about
fences,
walls
and
terraces.
It
says
really
that
you
don't
need
a
permit
for
for
a
fence.
D
D
However,
on
a
corner
lot,
we
have
two
front
yard
setbacks
and
that's
related
to
section
23,
o
308
yard
requirements.
It
says
the
side
street
setback
line
of
any
plaited
and
existing
the
time.
The
adoption
of
this
code
shall
not
be
less
than
one
half
of
the
average
depth
of
the
minimum
front
yard
required
on
any
adjoining
lot
fronting
on
a
side
street,
so
that
would,
for
example,
be
the
property's
on
Curtis
Street,
where
the
front
yard
setback
is
25
feet.
D
D
Understanding
is
that
the
property
line
is
approximately
seven
feet
from
the
side
of
the
pavement.
Curtis
Street
has
a
street
right-of-way,
it's
30
feet,
so
you
know,
that's
I,
think
a
lot
of
times.
People
think
that
their
property
goes
clear
out
to
the
edge
of
the
pavement
or
to
a
curb
line
and
in
cases
where
properties
have
been
plaited.
That's
usually
not
the
situation.
The
right-of-way
includes
areas
for
water,
sewer,
storm
drainage,
those
kinds
of
things.
D
A
A
D
Right,
I
think
that's
one
reason
why
those
setbacks
are
required
on
both
sides
of
the
street.
If
you
in
a
corner
lot,
a
lot
of
it
I
think
does
have
to
do
with
line
a
site
for
vehicles.
In
this
particular
case,
the
fence
location
is
nowhere
near
the
intersection
of
Curtis
and
Mulligan.
As
a
matter
of
fact,
40
of
the
section
of
code
that
I
had
talked
about
2303
one
for
the
fence
at
the
greer
property
line,
was
54
feet
wide
in
the
entire
side
of
the
lot
that
adjoins
to
the
north.
D
F
E
And
more
new
to
this,
so
the
technical
terms
we
may
not
get
quite
right,
but
basically
what
we'd
like
to
do
is
put
a
wire
fence
in
our
backyard.
As
mr.
Pearson
explained,
our
backyard
runs
parallel
to
Curtis.
Street
Curtis
is
a
small
dead-end
street.
It
doesn't
have
a
lot
of
vehicle
traffic.
It
does
have
a
lot
of
the
need.
E
The
neighbors
dogs,
but
what
we're
looking
at
is
the
four-foot
wire
fence
that
would
go
around
the
edge
of
our
property
on
two
sides,
we'll
be
in
woods
basically
and
then
the
third
side
would
be
parallel
to
Curtis,
and
what
we've
been
working
on
is
some
landscaping,
so
that
eventually
the
fence
would
be
pretty
much
not
visible,
because
we
would
plant
a
shrub
on
the
inside
of
the
fence
that
we
grow
into
a
hedge.
So
we
think
you
know
the
added
landscaping
would
actually
enhance
the
neighborhood
because
it
would
just
bring
some
more
greenery
there.
E
It
shouldn't
present
any
problems
in
terms
of
you
know,
traffic
or
vision,
because
it
is
quite
a
ways
from
the
corner
and
with
leaving
the
right
away
on
Curtis.
There
would
still
be
room
for
people
who
walk
and
walk
their
kids
and
their
dogs
on
there
to
get
off
the
road
and
they
need
to
and
we're
requesting,
I
guess
just
a
variance
to
reduce
the
setback
to
you
know,
somewhere
between
zero
and
two
feet,
so
we'd
be
fairly
close
to
Curtis,
but
not
in
the
right
of
way.
A
F
F
A
E
E
C
F
E
E
Yes
and
we've
talked
with
the
landscaper
who'd,
be
doing
the
fencing
and
the
added
landscaping
about
maybe
putting
it
in
just
a
little
bit
inside
the
edge
of
the
existing
bed
and
then
adding
again
some
plantings
ooh.
We
really
don't
want
the
fences
to
be
all
that
and
visible,
because
that
you
know
plants
would
be
better
than
the
fence
yeah.
We
want
John.
We
could
have
a
nice
view.
Well,.
G
A
F
B
A
A
Generally,
they're
all
saying
the
same,
that
support
the
fence
as
detailed
and
hope
that
the
that
we
will
approve
it
just
just
one.
They
all
was
similar
regarding
zoning
appeal
case
oh-eight,
one
tui.
We
strongly
support
the
Bayes
plan
to
construct
a
fence
around
their
yard.
At
38,
mulligan
would
like
to
express
our
belief
that
a
variant
allowing
a
reduced
setback
should
be
granted
as
their
neighbors.
We
feel
the
fence
will
be
a
positive
addition
to
our
neighborhood,
that's
from
Kent
and
the
collective
at
35
and
the
tenor
of
the
other
two
is
similar.
A
G
B
B
G
A
So
far
from
the
intersection
that
the
see
it
makes
no
no
negative
impact,
so
that's
an
exceptional
circumstance
also
because,
generally
speaking,
you
won't
do
something
like
that.
There
is
that
consideration,
but
it's
not
in
this
case
preservation
of
equal
property
rights
would
literally
interpreting
the
code
deprive
the
appellant
of
rights.
A
A
A
B
B
G
A
Still
yes,
they're
still
in
walkway
being
provided,
which
I
appreciate
or
something
not
of
a
general
nature.
The
variants
sought
must
not
be
of
a
general
or
recurring
nature.
Such
the
situation
be
more
generally
handled
by
changing
the
law.
It
seems
to
me
that
this
is
not
our
general
nature.
The
shape
of
the
lot
and
the
situation
is
just
not.
I
A
A
B
A
A
There
are
only
four
members
on
the
board
and
four
votes
are
required
to
pass
a
variance
three
words.
I'm.
Sorry,
three
votes
are
required.
Ordinarily,
you
have
another
number
to
get
your
three
votes
from.
If
you
feel
that
you
would
like
to
continue
your
case
to
another
time,
when
we
have
a
short
board
like
this,
it
is
an
option
that
you
that
you
have
to,
because
if
you
care
to
any,
you
would
care
to
be
continued.
Just
let
us
know
when
we
call
your
case.
A
A
C
D
D
A
A
Our
next
case
is
Oh
8,
1,
3
V.
It's
for
102
West,
Union
Street,
which
is
Zone
B.
One
copy
shake
is
the
appellant
and
as
requesting
a
variance
from
23
11
10
will
be
off
street
parking
requirements
to
permit
a
use
requiring
six
accessible
parking
spaces
for
one
accessible
and
one
non
accessible
space
is
provided
and
Steve.
What
can
you
tell
us
about
the
case?
I'm.
D
D
This
exact
same
property.
The
problem
is
the
city
code.
This
section
23:07,
10
D,
is
in
dog,
and
this
is
decisions
of
the
board.
That
section
says
the
order.
No
order
of
the
BZ,
a
green
and
the
variance
shall
be
valid
for
a
period
of
longer
than
12
months
from
the
date
of
the
orders,
unless
the
use
commences
within
such
period
so
more
than
a
year
went
by
and
therefore
the
previous
variants
for
parking
is
fired.
So
that's
why
we're
back
again.
D
Basically,
this
is
the
same
presentation,
same
information
from
the
end
of
2006,
same
exact
variance.
The
billing
is
set
in
a
vacant
condition
for
more
than
a
year
and
that's
another
reason
why
it's
lost
its
grandfather
and
their
legal
legal
non-conforming
use
for
lack
of
parking.
I,
also
included
in
the
packet
I,
didn't
ask
for
another
opinion
from
the
tree
Commission,
because
that
was
quite
a
topic
conversation
last
time
to
create
parking
that
required.
D
And
I
did
also
provide
a
drawing
for
you.
That
indicates
where
an
outdoor
area
for
dining
and
outdoor
patio
have
been
previously
located
when
a
restaurant
did
operate
at
this
facility,
and
it
also
shows
that
there's
a
possibility
of
two
cars
being
parked
on
the
site,
so
at
least
for
deliveries
or
employees.
There
would
be
some
opportunity
to
park
those
those
two
parking
spaces
would
be
stacked
behind
each
other,
which
is
not
permitted,
I'm
going
to
be
one
zone,
but
in
any
case
it's
it's
short.
D
The
number
of
spaces
required
parking
regulations,
2023
11
table
B
parking
requirements
are
the
minimum
number
of
parking
spaces
necessary
for
useful
property.
In
this
case,
six
parking
spaces
are
the
minimum
required,
so
they
have
to
staff
spaces
instead
of
the
six
and
that's
in
order
to.
Was
that
recall
from
presentations
last
meetings
who
to
save
the
trees
and
to
maintain
the
outdoor
dining
area.
A
A
K
Yeah,
basically,
what
we
want
to
do
is
open
a
coffee
shop,
small
operation.
There
would
be
no
deliveries
involved.
What's
this
stuff,
we
do
we
go
out
and
buy
other
stuff,
because
that
was
the
I
think
that
the
problem
we
had
last
time
that
he
was
saying
that
it
could
be
a
space,
for
there
is
no
cooking.
Everything
would
be
brought
in.
Basically,
it's
coffee
or
sang
and
sandwiches.
That's
it
so
very
light.
What.
K
Just
a
minute
issues,
then
we
were
talking
to
a
historian
who
owns
the
building.
He
was
out
of
time,
but
now
he's
back
so
he
can
support
us
in
terms
of
get
Letta
stuff
done
and
also
there
was
another
location
that
we
were
looking
at
it
since
that
it
was
basically
a
strategic
decision.
We
had
to
go
with
that
space
before
we
can
do
this
way.
A
A
A
C
A
D
No
according
to
law
about
this
meeting
tonight,
so
I
didn't
receive
any
information
him,
the
property
owner
to
the
I,
guess
I'll
call
it
the
east.
An
additional
letter,
though
that
I
think
you
did
receive
was
a
letter
essentially
endorsement
support
from
the
property
owner
to
the
west,
which
was
not
last
time.
B
K
C
A
B
A
K
A
E
A
L
And
your
address
for
the
business
for
Weston
and
most
that
we
do
we're
bicycle
shop,
but
a
lot
of
it
is
foot
traffic
and
where
they
come
in
and
bicycle
and
even
for
the
restaurants
around
us-
and
there
are
quite
a
few.
A
lot
of
them
are
foot
traffic
and
it
has
not
I,
don't
know
what
hours
were
you
because
I
missed
that
part,
but
even.
L
A
M
Last
time
I
spoke
against
it
to
some
degree,
but
in
in
reality,
I'm
for
it
I'd
like
to
see
a
restaurant
I'd
like
to
see
a
business
there
and
I
encouraged
it
so
I'm,
not
sure
whether
it
positive
with
the
general
the
negative,
but
whatever
I
still
have
concerns
about
parking
in
the
previous
restaurant.
That
was
there.
The
delivery
trucks
were
constantly
pulling
into
my
parking
lot
and
I
would
feel
comfortable
by
assurance
that
a
space
would
be
available
for
any
deliveries.
M
K
B
A
A
A
A
B
A
It
can
be
right
now,
it's
not
and
the
exceptional
circumstances
it's
well
circumstances
that
are
exceptional
are
the
same.
The
Cutty
is
already
there.
You
can't
put
parking
there,
really
that
would
be
sufficient
and
putting
it
there
would
destroy
something,
that's
preferable.
So
what
about
preservation
of
equal
property.
B
A
I
B
A
Go
right
along
all
right
third
case
this
evening
is
for
108
Sunnyside
dry,
which
is
zoned
r1
Wilson
Deacon
is
our
appellant,
requesting
a
variance
for
2311
table
a
scheduled
about
controls
to
remit,
demolition
and
enlarged
reconstruction
of
a
deck
which
will
create
a
36%
lot
coverage
where
30%
is
the
permitted
maximum
and
Steve?
Do
you
have
anything
that
you
need
to
add
to
that.
D
D
D
So
it
is
it's
200
square
feet
now
we're
before
99
square
feet,
so
it's
going
to
double
just
about
in
size
and
then
there
was
a
note
about
the
revision
date.
This
came
into
the
buzz
when
we
have
a
letter
from
the
appellant
in
support
of
his
arguments.
One
other
thing
I
would
like
to
add.
On
occasion
I
note.
The
last
meeting
you
ask
a
particular
property
of
the
variance
had
ever
been
granted
that
property
before
and
officer
Eschenbach
er
was
very
diligent
and
provided
me
with
that
information.
D
This
property
has,
in
the
past,
received
two
variances
in
1979
and
in
1991
in
1979.
It
was
to
rebuild
it
and
a
garage
one
and
a
half
feet
from
the
property
line.
So
I
was
in
1979.
In
1991,
there
was
a
variance
granted
to
construct
a
carport
which
I'm
you
know.
Given
the
situation
here,
I'm
just
gonna
have
to
assume
that
that
had
to
do
with
excessive
lot
coverage.
So
there
has
been
a
variance
granted
previously
for
excessive
lot
coverage
for
the
construction,
the
carport
in
1991,
okay,.
A
D
Gonna
guess
the
other
variants
probably
was
four
thirty,
three
percent-
something
like
that,
because
these
Lots
most
of
these
Lots,
as
you
know,
you're
quite
a
few
cases
for
properties
in
this
neighborhood
in
general.
The
lots
are
around
five
thousand
fifty
five
hundred
square
feet
in
the
area,
which
is
about
it's
around
three
thousand
square
feet
smaller
than
what
would
be
required
now.
So
those
you
know,
those
building
areas
are
quite
a
bit
smaller
than
what
would
otherwise
have
been
planted
since
was
safe
to
say,
the
institution
was
I.
D
A
H
Basically,
the
old
deck
was
derelict,
so
I
wanted
to
rebuild
it,
but
make
it
a
little
larger,
because
the
previous
deck
was
very
small.
You
couldn't
even
get
a
table
with,
for
you
know
an
outside
table
with
four
chairs
around
it
and
still
be
able
to
use
the
stairs
down
so
now
we're
making
it
much
lower
to
the
ground.
So
we
can't
seem
to
our
neighbors
yards
over
their
fences
so
that
we're
down
out
of
the
way
just
to
make
a
nice
living
space
in
the
process
of
redoing,
our
entire
yard
and
entire
house.
How.
H
B
C
A
B
A
H
A
H
And
a
little
nicer
looking,
maybe
because
you
can
decorate
the
hand
railing
and
stuff
yeah
I
feel
like
we
have
a
bit
of
hardship
because
almost
everyone
else
on
our
street
and
really
the
next
surrounding
six
streets
have
you
know
nice,
decks
and
yards
that
look
at
done
up
and
stuff,
and
so
without
it,
I
feel
like
we're
entering
an
area
where
our
yard
looks
significantly
different
than
everyone
else's
I.
Don't
feel
like
it's
anything
special,
because
it's
not
large
the
decks
right
next
door
is
bigger.
H
Bye-Bye,
a
fair
bit
almost
of
a
by
a
hundred
square
feet,
I
think
it's
the
minimum
variance,
because
it's
not
very
large,
just
loaded
ground.
It's
nothing
special
I,
don't
think
it's
a
detriment
to
the
neighborhood
and
I
feel
like
it's
even
making
the
neighborhood
nicer,
increasing
the
property,
values
and
I,
don't
think
it's
a
general
nature,
but
I
guess
you
guys
are
know
more
about
that
than
I
would
and
I
believe.
There
were
also
other
variances
of
the
same
type
granted
on
my
street
and
in
surrounding
streets
because
of
our
small
lot
sizes.
A
A
A
I
A
A
A
A
H
A
A
A
It's
on
their
house
on
their
the
preservation
of
equal
property
rights
he
addressed
and
that
most
people
these
days,
I
seem
to
have
Dex
and
others
in
the
neighborhood
do
so.
If
we
literally
interpreted
the
code,
he
wouldn't
be
able
to
have
a
dick
at
all
further
than
this
little
sort
of
landing,
which
is
basically
what
he
has
now.
A
A
A
A
A
J
A
D
A
C
D
Reason
that
there
are
so
many
abbreviations
after
the
case
number
is
that
mr.
Stauffer
is
asking
the
board
for
three
different
things
tonight.
The
first
thing
that
he'd
like
to
do
is
to
ask
that
you
interpret
the
refusal
that
he
was
given.
In
other
words,
did
I
hear
or
is
the
current
interpretation
of
the
code
in
error,
as
applies
to
this
project?
So
that's
the
first
argument
that
he
would
like
to
make
not
to
request
a
variance
but
to
ask
that
the
administrative
decision
be
reviewed
by
the
board.
D
The
second
letter,
the
letter
S,
is
for
a
substitution
and
non-conforming
use.
One
of
the
problems
with
this
property
is
it
has
three
residential
structures
on
it,
which
were
only
one
is
permitted
and
I
believe
right
now
there
are
23
permitted
residents
with
8
parking
spaces,
so
that's
another
nonconformity
that
exists.
D
So
then
I
think.
If
we
get
that
far,
then
mr.
Stouffer
will
present
that
you
know
this
is
not.
This
is
less
objectionable
than
what's
there
now,
which
is
the
criteria
for
substitution
and
non-conforming
use
in
the
third
case,
then
he
would
then
ask
for
a
variance
essentially
from
the
section
that
requires
23
parking
spaces,
one
for
each
tenant
on
the
property.
Could.
D
The
number
of
bedrooms
and
the
number
of
tenants
are
not
exactly
the
same
I
believe
that
per
meant
for
the
entire
all
three
buildings
right
now
is
for
23
residents,
but
I
believe.
If
you
ask
mr.
Stouffer
how
many
resident
how
many
people
actually
reside
there,
people
are
less
likely
to
double
up
in
rooms
now
than
they
used
to
be
so
what's
permitted
by
code
and
what
is
practical
or
traditional.
A
A
J
J
J
J
Everything
clear
mechanically
to
you,
folks
I,
want
to
explain,
though,
the
logistics
of
the
other
situation
that
I
have
and
I
want
to
reach
you
or
have
you
read
into
the
record
the
letters
that
I
have
and
then
I'll
be
like
mr.
Morgan
to
talk
about
the
nuts
and
the
bolts
of
the
amount
of
repairs
and
things
that
we
need
to
do
to
bring
the
property
up
to
the
standards
that
the
public
demands
and
that
I
want
to
provide.
J
C
A
J
J
As
I
said
earlier,
my
name's
Jack
Stafford
62
sunnyside
Drive
Athens
I'm,
approaching
you
about
a
project
that
I
have
already
undertaken
because
there
are
three
buildings
on
the
lot
I've
completed
phase
one
of
my
anticipated
three
phase
project
to
upgrade
my
properties
and
phase.
One
has
been
completed.
But
let
me
just.
J
Let
me
just
if
I
may,
just
let
me
I'm
going
to
try
to
read
this
to
you,
so
I
don't
get
mixed
up
and
I
try
to
make
it
clear.
I
get
nervous
in
a
situation
like
this
and
I'm
going
to
do
my
very
best
to
become
the
light
firm
professional
and
give
you
a
clearer
perspective
of
my
situation
and
all
the
facts.
I'm
going
to
for
the
most
part,
read
the
entire
presentation
to
you
with
me.
J
J
As
I
said
it's
to
me,
it
was
a
three
phase
project.
Now.
What
I've
done
over
the
last
seven
years
is
to
all
my
properties
in
town,
just
to
give
you
I
don't
take
up
a
bunch
of
time,
but
all
my
properties
in
town
I've,
put
on
new
roofs,
new
windows,
new
heating
and
cooling
equipment,
new
electrical
entrances,
new
wiring,
new
circuit,
breakers,
new
water
lines,
new
drain
lines,
new
appliances,
new
water
heaters,
washers
and
dryers,
and
in
some
instances,
dishwashers
and
garbage
disposals.
J
And
this
includes
the
front
building
of
the
subject
property
at
nineteen
South,
for
which
I
applied
for
and
was
granted
a
building
permit
actually
two
building
permits,
because
I
did
it
over
two
seperate
years.
And
now
what
I'd
like
to
do
is
let
mr.
Morgan
explain
to
you
what
we
anticipate
and
hopefully
we'll
be
able
to
complete
in
the
subject
property,
which
is
the
middle
building
or
the
first
concrete
block
building
nearest
the
house
that
you
see
in
the
picture.
M
I'm
bill
Morgan
registered
architect
from
RBC,
architects
and
Athens.
Here.
What
I've
handed
out
to
you
is
two
sheets,
one
showing
the
site
plan
for
the
property
as
it
relates
to
South
Congress
and
to
South
High
Street,
and
it
shows
also
the
existing
apartment
to
the
front
next
to
South,
Congress
and
that's
been
renovated,
as
mr.
staffer
mentioned,
and
the
target
apartment
for
the
next
phase
of
renovation
is
the
middle
apartment,
D
&
E,
which
is
shaded
and
then
there's
an
existing
apartment
to
the
adjacent
to
the
parking
lot.
M
Existing
parking
lot
on
saw
hi
and
nothing's
designated
for
that
at
this
phase.
Yet
the
next
page
will
show
on
a1
will
show
the
existing
apartments
and
the
proposed
apartments.
The
existing
apartment
is
that
third
apartment
first
floor
and
second
floor,
that's
to
the
back
of
the
property
or
to
the
South
High
Street.
The
proposed
apartments
is
that
middle
apartment.
That's
the
target
of
this
requested
variance,
and
then
you
can
see
the
footprint
of
the
forward
apartment.
M
So
what
we're
going
to
propose
here
is
that
we
take
four
single
federal
Apartments
on
two
floors
and
convert
them
to
two
apartments.
With
two
bedrooms
on
one
up
and
one
down,
we
are
not
changing
the
footprint
of
the
building
for
the
apartment,
building,
we're
not
changing
the
number
of
bedrooms
or
even
the
size
of
the
bedrooms
for
the
building.
M
We're
not
changing
the
amount
of
approved
parking
currently
existing
we're
actually
not
even
changing
the
number
of
bathrooms,
although
we're
going
to
add
a
washer
and
a
dryer
into
one
of
them
and
we're
not
changing
the
number
of
tenants
in
the
in
this
project.
The
approved
number
of
tenants
currently
on
the
books.
M
What
we're
going
to
do
is
we're
going
to
approve,
upgrade
the
property
to
meet
the
most
current
standards
and
we're
going
to
be
making
more
use
of
the
space,
making
them
more
efficient.
We're
going
to
combine
take
the
top
floor.
If
you
would
please
the
proposed
apartments,
and
if
we
look
closely
at
that,
there's
two
bedrooms
to
the
back
as
they
exist.
Now
we
have
a
full
bathroom
and
linen
on
one
side
and
we
have
a
shower
bath
on
the
other
side.
M
M
So
that,
essentially,
is
showing
you
what's
happening
to
these,
to
what
Jack
is
requesting
he's
requesting
that
we
combine
for
singles
and
make
them
two
doubles
again,
not
increasing
the
amount
of
parking
necessary,
not
increasing.
The
number
of
tenants
required,
not
changing
the
footprint
you
can
tell
by
the
photos
that
the
apartments
are
a
little
tired.
They
meet
code
currently
Jack
will
always
make
sure
they
meet
code,
no
matter
what
happens,
but
he
is
going
to
upgrade
paint
cleanup.
M
Do
a
little
structural
work
to
patch
some
little
cracks
in
some
of
the
walls,
put
it
over
fun
and
generally
straighten
up
the
property,
so
I
think
what
we
find
a
Jack
can
talk
more
to
this
also.
But
what
we're
finding
is
that,
as
we
all
see
new
apartments
coming
into
town
and
when
they're
all
brand
new
spanking
new
apartments
with
lots
of
amenities-
and
things
like
this-
that
all
the
landlords
that
are
have
been
around
for
a
long
time
are
going
to
have
to
upgrade
their
properties.
We
encourage
this.
M
G
A
D
Think
the
section
that
you're
referring
to
is
section
20305.
Oh
four,
it's
a
section
called
repair
replacement
of
damaged
buildings,
and
this
is
under
chapter
twenty
305
non-conforming
uses
and
buildings,
and
it
permits
repairs
or
improvements
to
buildings
that
are
in
a
non-conforming
situation
up
to
65
percent
of
their
values.
That's
pretty
substantial
amount,
I,
don't
I,
don't
recall
the
exact
number
just
at
the
moment,
but
I
think
the
cost
of
improvements
is
proposed
as
well
less
than
sixty
five
percent
of
the
building.
So
that
would
be.
D
If
you
were
looking
at
this
as
a
case
of
any
non-conforming
ability.
What
can
you
do
to
it
without
having
to
come
back
to
the
Zoning
Board?
It's
up
to
sixty
five
percent
of
its
value
and
then
there's
a
whole
series
of
things
than
they're
listed
under
that
section
about
how
you
obtain
that
permit
without
coming
to
the
Board
of
Zoning
Appeals,
so
it's
less
than
65
percent
damaged
section
a
says:
you
have
to
do
that
within
one
year
of
the
destruction
or
to
me.
D
If
it
was
just
deteriorated
property
you
could
then
just
come
in
and
get
it.
It
says
that
be
such
restoration
shall
not
cause
a
new
nonconformity
and
see
that
it's
done
as
ordinary
repair
repair
replacement
of
non
bearing
walls,
fixtures,
wiring
and
plumbing.
As
long
as
you
don't
expand
the
cubic
area
of
the
building,
so
none
of
those
things
are
happening,
so
it
wasn't
refused
was
not
refused
on
that
section
of
code.
D
A
J
B
J
Two
one-bedroom
Apartments
on
the
first
floor
to
make
a
two
bedroom
apartment
was
two
baths
and
because
I'm
combining
the
two
one-bedroom
Apartments
on
the
second
floor,
to
make
a
two
bedroom
apartment
was
two
baths.
I
was
under
the
impression
I
needed
a
building
permit
and
that's
what
I
submitted
for
that's.
What
I
was
refused
and
I'd,
like
mr.
Pearson
I
guess
needs
to
address
the
fact
that.
G
I
G
B
J
Well,
I
think
I
got
refused
because
because.
J
B
B
J
J
J
I
said
I'm
fearing
often
I
want
to
prepare,
but
I'm,
not
changing
anything
I
mean
I'm,
improving
my
building
I'm,
not
asking
to
change
my
amount
of
occupancy.
The
floor
plan
is
basically
the
same.
We
want
to
take
out
one
kitchen
on
one
floor
in
one
kitchen
on
the
other
floor
and
remodel
the
kitchen
to
make
it
bigger.
So
I
can
get
a
dishwasher.
The
garbage
disposer
in
there
and
remodel
the
bathroom,
so
I
can
get
a
washer
and
dryer
in,
but
I
think.
J
C
J
The
first
one
is
from
Patrick
Rose
Patrick
Rose
owns
on
your
site
plan,
you'll,
see
where
it
says:
Church
apartments,
Patrick
Rose
owns
that
property,
paithan
Zoning
Board
of
Appeals
I've
known
Jack
Stauffer
for
many
years
and
feel
compelled
to
contribute
a
few
words
concerning
his
situation
of
nineteen
South
Congress
I
also
owned
the
property
directly
next
door
at
fifteen
South
Congress
over
the
years.
Jack's
continually
worked
to
improve
his
rental
properties.
He
is
personally
involved
in
the
renovations
and
mechanical
updates
and
knows
how
to
get
the
job
done
right.
J
J
That's
the
Beta
Theta
Pi
fraternity,
where
they're
in
and
les
Cornwell
on
the
board
I
spoke
with
Eric
and
Eric
was
nice
enough
to
give
me
a
letter
to
the
board
of
the
members
of
Zoning
Appeals
Jack
approached
me
recently
informed
me
of
his
difficulty
gaining
permission
to
improve
his
property
next
door
to
our
Beta
Theta
Pi,
fraternity,
house
jack
has
been
a
good
neighbor
for
the
past
ten
years
and
less
and
I
that's
less
Cornwell
as
board.
Members
have
no
objections
to
his
current
request
up
days,
property.
J
We
do
not
believe
it
would
be
a
detriment
to
our
fraternity,
house
or
neighborhood,
but,
to
the
contrary,
would
help
further
the
improvement
of
the
housing
available
in
the
area
around
and
near
the
campus
police.
Consider
mr.
staffers
wish
to
improve
his
property
for
his
interests,
his
future
renters
convenience
and
safety,
as
well
as
upgrading
in
the
neighborhood
and
the
city
where
we
all
live
work
and
enjoy.
J
In
the
back
of
the
property
on
the
high
street
side,
we
have
two
neighbors,
the
first
one
letters
from
Demetrius
procas
members
of
the
board.
Thank
you
for
notifying
mr.
Stavros
upcoming
case
number,
and
he
gives
the
number
I
would
like
to
let
you
know.
I
have
no
objections
to
his
upcoming
project
of
19
South
Congress.
If
Jack
is
allowed
to
improve
his
property,
it
will
help
with
the
city's
goals
stated
in
the
comprehensive
plan
to
upgrade
the
housing
stock,
thus
enhancing
all
surrounding
neighborhood
values.
J
Next
door
to
mr.
pro
kosis
property
is
property
owned
by
Leon
House.
Our
dear
zoning
board
members
I
own
21,
South
High
Street,
which
is
located
on
High
Street
across
High
Street.
Excuse
me
from
career
of
mr.
staffers
property
at
19,
South
Congress
as
I
understand
the
situation.
Mr.
Stafford
would
like
to
remodel
an
existing
structure
from
for
one
person
units
into
two
person
units,
both
the
total
number
of
allowable
occupants
and
total
number
of
parking
spaces
would
remain
the
same
under
the
existing
situation
and
under
the
proposed
improvement.
J
Consequently,
this
proposed
change
would
have
no
impact
on
the
population
density
or
parking
situation
of
the
neighborhood.
Therefore,
his
proposed
change
would
have
no
inferred
impact
on
my
property
at
21
South
hi
mr.
Stoffer
plans
to
invest
a
good
deal
of
money
on
his
proposed
improvements
to
his
property
as
a
business
person.
He
believes
that
these
proposed
upgrades
will
provide
the
eve
ever
more
demanding
student
housing
market
with
amenities
that
it
desires.
This
in
turn,
makes
mr.
staffers
apartments
a
more
desirable
place
to
live
in
order
to
compete
with
mr.
staffers
upgrades.
J
Other
landlords
in
the
neighborhood
will
be
prompted
to
improve
their
properties.
The
net
result
will
likely
improve
the
quality
of
life
for
High
Street,
slash,
Congress,
Street
residents.
The
alternative
of
not
allowing
voters
to
improve
their
properties
is
a
recipe
for
economical
and
physical
decay.
I
have
known
a
conducted
business
with
mr.
staffer
for
twenty
years.
In
his
dealings
with
me,
he
has
always
been
an
honest
man
of
his
word.
If
he
tells
you
he
will
install
90%
efficiency,
furnaces,
13,
seer
air
conditioners
and
upgrade
upgrade
the
wiring
he
will.
In
conclusion,
mr.
J
J
Across
the
front
of
the
property
on
Congress
Street,
mr.
Cody
on
some
properties,
Jim
Cody
Cody
Reynolds
has
several
properties
across
from
Jax
property
as
an
adjoining
property
owner.
We
have
no
objection
to
his
desire
to
remodel
his
property.
We
also
have
some
concerns
that
are
more
global
in
nature.
If
property
owners
are
not
allowed
to
renovate
border
properties
in
an
efficient
and
economical
manner,
there
will
be
consequences.
J
Failure
to
renovate
border
properties
will
result
in
gradual
but
real
decline
in
the
overall
quality
of
the
rental
housing
in
Athens.
Please
know
that
remodeling,
an
order
unit
usually
demands
a
great
deal
of
removal,
plumbing
wiring
bathrooms
and
kitchens.
This
is
both
expensive
and
complicated
in
older
units.
Some
flexibility
in
moving
walls
around
etc
is
vital.
We
believe
that,
as
long
as
the
total
number
of
tenants
is
preserved
in
a
given
property,
then
such
flexibility
should
be
allowed
and
even
encouraged
in
order
to
ultimately
upgrades
at
this
property.
I
urge
you
to
prove
his
appeal.
J
I
have
a
letter
from
a
gentleman
named
Melvin
Steadman.
Mr.
Steadman
was
a
prior
head
of
the
code
office
and,
in
all
honesty,
is
a
neighbor
of
mine
on
Sunnyside
to
the
Zoning
Board.
I
would
like
to
support
mr.
Stouffer
in
his
request
to
upgrade
his
apartment
building
at
19
South
Congress
mr.
Stouffer,
as
some
of
the
best
maintains
apartments
in
Athens.
Mr.
Stoppard
is
not
changing
or
enlarging
the
use.
He
only
wants
to
upgrade
his
apartment
for
the
health
and
safety
of
his
tenants.
I
have
one
more
letter,
this
letters
from
mr.
and
mrs.
J
Edward
Robb,
who
previously
owned
the
property
and
sold
it
to
me,
members
of
the
Board
of
Zoning
Appeals.
We
purchased
the
property
in
about
1970
from
the
previous
owners,
Earl
bridgewater,
dr.,
Patton
and
I
believe
a
third
under
his
name,
I,
don't
recall.
In
any
event,
I
would
like
to
provide
you
with
some
background
information
on
the
property.
J
J
In
regards
to
the
two
back
buildings,
they
were
built
in
the
late
40s
or
early
50s
and
Jack,
like
my
wife
and
I,
maintained
the
property
but
did
not
upgrade
it.
The
property
in
question
is
in
need
of
improvements,
updates,
read
decorations
as
old
electric
heating
and
plumbing
are
around
50
years
old
and
Jack,
who
I
have
known
for
25
to
30
years
as
anxious
to
update
his
property.
J
To
combine
on
the
first
floor,
the
existing
two
one-bedroom
apartments,
which
have
very
small
kitchens
and
bathrooms
and
utility
rooms,
which
will
allow
enough
room
to
enlarge
the
kitchen
and
baths
to
accommodate
high-efficiency
washers
dryers
dishwashers
and
do
the
same
on
the
second
floor,
there
would
seem
to
be
no
negative
impact
on
adjacent
property
owners
or
the
city
in
general.
To
the
contrary,
this
would
make
the
property
more
efficient
as
safe
for
future.
Tenants.
J
J
J
As
mr.
M
explained
in
his
letter,
the
current
arrangement
of
the
property
in
question
have
extremely
small
kitchens
baths
and
utility
rooms
which
you
can
see
by
looking
at
pictures.
Number
three
pictures
number
four:
the
kitchens
are
very,
very
small
room
for
no
kitchen
cabinets
or
dishwasher
in
the
bathroom
in
each
apartment
is
very,
very
small,
barely
room
to
turn
around
in,
and
definitely
not
room
to
get
even
a
stacked,
washer
and
dryer.
In.
J
I'm
here
to
defend
my
property
rights
without
the
ability
to
upgrade
my
property,
the
government
will
be
condemning
me
to
owning
substandard
housing.
I
have
pride
in
my
property
and
I
want
to
be
able
to
be
proud
of
the
property
and
not
worry
about
what
may
break
down
or
go
wrong
next.
I
realized.
The
code
is
a
good
thing.
I
currently
meet
the
code,
but
I
have
50-year
old
buildings.
J
Again,
we
are
not
asking
for
a
change
of
use.
We
are
not
asking
for
a
change
of
occupancy.
We
are
not
asking
to
increase
density.
We
wish
only
to
be
allowed
to
bring
the
property
up
to
today's
standards
for
the
same
number
of
people.
There
will
be
no
change
in
the
footprint.
The
building
will
look
exactly
the
same
on
the
outside
as
it
does
now,
except
I
want
to
tuck
point
all
the
mortar
joints
paint
the
outside
of
the
building
and
install
a
new
roof.
J
J
It
is
my
intent
to
rent
my
one-bedroom
apartments
to
one
person
and
it's
my
intent
to
rent
my
two-bedroom
two-bath
newly
renovated
apartments.
Should
you
allow
me
to
two
people:
I
really
need
this
to
pass
and
I
feel
compelled
to
say
to
you
that
I
want
to
make
you
understand
and
believe
and
concede
that
we
can
come
up
with
a
less
non-conforming
use.
J
The
number
23
is
the
amount
of
people
that
somebody
could
jam
in.
Their
jaxxed
offer
is
not
going
to
do
that.
Jaxxed
offer
is
willing
to
say
to
the
board
to
the
administration,
to
the
public
that
he
would
be
happy
to
reduce
that
figure
down
to
16
or
14,
or
if
it
makes
any
difference
at
all,
even
down
to
12
so
I'm,
giving
you
something
so
I
can
be
a
less
non-conforming
use.
So
I
can
renovate
the
property,
upgrade
the
property
and
make
it
safe.
J
A
J
I
do
want
to
go
that
extra
step,
convinced
it's
right
here.
I
can
create
one
or
two
more
parking
places
on
the
property
after
I
get
all
the
gas
off
the
property
and
I
didn't
have
no
need
for
the
gas
I,
don't
know
if
mr.
Morgan's
drawings
shows
that
are
not,
but
in
the
in
the
very
rear
of
the
property.
J
I
hesitate
to
want
to
tear
down
the
garbage
yet
because
the
the
topography
is
such
that,
if
you
got
a
bunch
of
trash
cans
sitting
around
it's
not
going
on,
it's
not
going
to
lend
itself
to
damn.
It
be
logical
in
picture
number
two
that
shows
the
subject
property
in
the
far
back,
so
the
left
of
that
white
pickup
truck.
It
shows
the
garbage
shed
farther
on
down
and
can
see
the
gas
meter.
But
that's.
J
J
B
J
J
B
C
G
C
J
End
of
next
summer,
for
during
next
summer,
not
during
this
summer,
now,
what
like
what
I
can
assure
you
of
and
prove
to
you
through
paperwork
is
I've
got
my
apartments
all
rented
for
next
year
and
in
reality
only
six
of
the
eight
parking
spots
are
being
occupied
in
this
coming
season.
So
in
reality,
I'm
only
going
to
be
using
this
year.
J
Six
of
the
eight
spots
I've
been
there
for
ten
years
and
I
just
explained
to
people
that
I
only
have
a
parking
spots
and
I
have
12
apartments,
so
I
don't
rent
to
people
that
have
cars
in
excess
of
seven
or
eight,
and
usually
there
are
eight
there.
But
this
year
somebody
bailed
out
out
bailed
out
at
the
last
minute,
II
in
the
main,
who
have
taken
to
partner
Reserve
two
parking
spots
and
the
new
people
didn't
have
cars.
So
in
reality
only
six
of
the
part
parking
spots
will
be
utilized
this
summer.
If.
B
G
G
J
B
J
A
J
A
A
A
A
M
D
D
The
interpretation
at
that
time
was
because
parking
was
driven
by
the
number
of
residents.
If
there
was
no
change
in
a
request
to
renovate
a
building
more,
there
was
non-conforming
parking.
Then
there
was
no.
There
was
no
Nexus.
There
was
no
reason
to
require
or
go
to
that
section
to
require
parking,
because
it
was
the
same
amount
of
people.
D
There
was
no
change,
so
the
direction
in
the
past
had
been
to
focus
toward
change
being
changing
the
number
of
people
right
and
I
have
in
the
past
I
had
a
year
two
ago,
I
actually
brought
you
a
case
for
a
variance
for
parking
for
someone
that
just
went
to
add
a
bathroom,
because
it
was
an
addition.
There
was
no
other
way
to
say
you
know.
In
addition,
it
says
right
there
in
addition
requires
parking,
but
change
was
interpreted
differently
because
it
was
not
a
change
in
people,
then
it
didn't
drive
parking.
D
Mayor
and
service
safety
director
I
see-
and
we
have
a
new
mayor
and
Service
Safety
Director
now
and
part
of
the
campaign
of
the
mayor
was
to
tighten
up
code
with
code
enforcement.
He
campaigned
on
that
issue,
and
this
is
I
mean
this
is
one
example
of
it
and
it's
different.
The
applicability
of
the
word
change
to
parking
is
obviously
different.
D
Now,
with
this
administration
and
any
time
we
have
a
situation
where
there's
non-conforming
parking
or
non-conforming
numbers
of
buildings,
you're
going
to
start
hearing
those
cases,
unless
you
say
otherwise
tonight,
that's
a
new
interpretation
for
the
new
application
of
the
codes
incorrect
and
that's
the
first
question
on
which
mr.
Stoffer
is
asking
that
you
know
to
act
when
these
approvals
the
right
way
to
do
it
or
was
the
refusal
the
right
way
to
do.
B
D
A
A
So
from
where
I'm
sitting
there's
a
problem,
it
might
not
be
the
case
if
it
were
not
some
ongoing
plan
that
had
been
for
the
same
property
that
had
been
decided
one
way
in
the
past
for
have
it
to
have
suddenly
be
decided
another
in
the
present
for
that
one
property
to
have
someone
new
coming
in
with
a
new
plan
that
had
never
been
presented
before
to
be
decided
differently.
That,
to
me,
is
a
horse
of
a
different
for.
B
B
H
B
Problem
and
it
seems
to
me
that
in
fact,
I
would
like
to
move
to
recognize
that
allowing
reorganization
of
the
existing
four
for
the
four
one-bedroom
apartments
into
two
two
bedrooms
buttons
there's
a
substitution
of
non-conforming-
is
for
not
more
objectionable.
Use
into
that
I
would
add
the
condition
that
we
limit
the
number
of
tenants
to
in
this
building.
J
A
G
A
A
C
D
That
that's
the
procedurally
I
guess
the
the
more
desirable
approach
is
because,
when
you
go
through
a
variance,
you
have
to
go
through
a
whole
set
of
findings.
Write
more
substitution
of
non-conforming
use.
We've
been
through
this.
Before
has
no
standard.
You
just
have
to
make
an
interpretation.
That
is
it's.
C
B
D
A
J
J
To
me,
this
seems
the
most
logical,
as
stated
in
23:05
o2a
substitution
substitution
for
a
non-conforming
use
of
another,
not
more
objectionable.
Non-Conforming
use.
I
realized
that
this
is
where
the
codebook
and
common
sense
come
together.
I'm
here
to
defend
my
property
rights,
I
have
to
encourage
you
to
give
me
relief.
J
B
J
J
A
C
A
A
What
we've
determined
is
that
this
did
this
proposal
that
he
is
made
where
we
were
proposing
any
way
that
his
proposed
change
is
a
less
objectionable,
non-conforming
use
than
the
current
non-conforming
use
and
considering,
if
the
conditioning
that
the
apartments
currently
are
in
and
lists
and
the
things
that
he's
planning
to
do
to
them
to
upgrade
them.
It
strikes
me
that
this
is
substantially
in
that
category
of
a
far
less
objectionable,
non-conforming
use
than
currently
is
the
case.
What's.