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From YouTube: Board of Zoning Appeals Meeting 10-14-08
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A
A
It
is
a
few
minutes
after
7:00
and
at
this
time
I'll
call
the
meeting
to
order.
The
board
consists
of
five
members
and
two
alternates.
The
alternates
take
full
part
in
the
discussion
and
become
voting
members
in
the
absence
of
a
member
or
when
a
member
abstains
for
a
conflict
of
interest
present
tonight,
John
gall
Z
junk
pronounced
Keith
Lisa,
Carson,
Greg
Lebel
is
going
to
be
here,
but
he'll
be
just
a
little
bit
late,
I'm
Betty
hollow
acting
chair,
and
we
also
have
with
us
Paul
ash
and
Baca
from
the
Code
office.
A
Who
is
our
acting
secretary?
The
board
operates
according
to
the
following
procedure.
The
chair
will
name
and
describe
the
case.
The
Zoning
Administrator
will
state
the
basis
of
the
objection
and
any
applicable
facts
or
conditions
pertaining
to
the
case.
The
appellant
or
their
representative
will
give
reasons
why
their
appeal
should
be
viewed.
Favorably.
A
Anyone
wishing
to
speak
in
favor
the
requests
will
be
heard.
Anyone
wishing
to
speak
in
general
comment
will
be
heard.
Anyone
wishing
to
speak
in
opposition
will
be
heard
if
necessary,
the
appellant
or
their
representatives
will
offer
concluding
summary
or
rebuttal
remarks.
Then
testimony
from
the
floor
will
be
closed
and
the
board
will
deliberate
and
render
decision.
A
According
to
the
adven
City
Code
section
23,
o
700,
be
the
board.
Has
the
power
to
grant
variances
from
the
strict
application
of
the
code,
provided
the
variance
will
not
be
contrary
to
the
public
interest.
The
spirit
of
the
code
is
observed,
public
safety,
safety
and
welfare
are
secured
and
substantial
justice
is
done.
A
A
literal
enforcement
of
these
regulations
will
result
in
a
practical
difficulty
or
undue
hardship
that
is
unnecessary
for
the
achievement
of
public
purposes,
exceptional
circumstances,
their
exceptional
or
extraordinary
circumstances
or
conditions
applying
to
the
property
in
question
or
to
the
intended
use
of
the
property
that
do
not
apply
generally
to
other
properties
or
classes
or
uses
in
the
same
zone.
Preservation
of
equal
property
rights.
Literal
interpretation
of
these
regulations
would
deprive
the
appellant
of
rights
commonly
enjoyed
by
others
in
the
same
zone
and.
B
A
The
board
also
has
the
power
to
review
decisions
of
the
Zoning
administration,
where
an
error
is
alleged
here,
request
for
conditionally
permitted
uses,
he
requests
the
substitution
of
non-conforming
uses
determine
the
number
required
off
street
parking
spaces.
If
the
specific
use
is
not
contained
in
section
23
11
table
B,
he
requests
the
temporary
use
of
structures
of
premises.
A
Consider
requests
for
extension
of
temporary
permit
after
receiving
a
recommendation
from
the
anthan
City
Planning
City
Planning,
to
hear
requests
for
business
use
variances
after
receiving
a
recommendation
from
the
athan
City
Planning
Commission,
and
he
requests
a
variance
from
the
strict
application
of
city
code,
title
25,
flood
damage,
prevention,
any
person,
resident
or
officer
department
or
point
the
city
of
Athens
aggrieved
by
decision
of
the
Lord
may
petition.
The
Athens
counter
would
have
counter
please
concerning
the
illegality
of
the
decision.
A
A
The
second
case
is
Oh
8
26,
B,
21,
Curt
Street,
it's
in
zone,
R,
3
and
Dan
DeLuca
is
the
appellant.
The
board
is
required
to
take
testimony
under
oath.
So
if
anyone
whose
wishing
to
speak
tonight
concerning
any
item
on
the
agenda,
would
please
stand
and
swear
or
affirm
that
any
testimony
you
present
to
the
board
will
be
the
truth,
the
whole
truth
and
nothing,
but
the
truth
do
use
this
way.
C
A
D
C
D
It's
5
feet
from
the
neighboring
property
line,
there's
nothing
in
our
code.
That
specifically
gives
a
reason
why,
for
the
ten-foot
rule,
but
I've
looked
in
a
couple
of
sign
where
this
is
for
their
cities
that
explain
the
main
reason
for
that
is
so
the
businesses
don't
accidentally
or
on
purpose
of
their
signs
right
up
against
each
other.
It's
for
maximum
for
each
side.
D
C
F
F
That's
what
it
is
now
I
just
basically
wanted
something
there,
so
that
if
I'm
telling
somebody
to
come
to
my
office,
they
can
it's
a
little
more
obvious
than
looking
at
front
of
the
building
the
the
office
next
door
does
not
use
anywhere
near
that
side
of
the
property
other
than
in
my
letter
and
I
know
they
don't
care
and
I've
had
a
couple
of
the
neighbors
come
over
after
the
code
letter
went
out
and
said:
what
are
they
talking
about?
They
don't
even
notice
or
care.
So
any
questions
for
me.
E
C
C
F
G
I
have
a
few
questions.
I
was
counting
the
number
of
parking
places
you
had
in
front
of
your
building.
Okay,
we
went
on
a
very
North
Side,
which
would
be
towards
Court
Street,
there's
no
white
line
minutes.
So
that's
next
to
the
side.
Is
that
considered
a
parking
place?
Yes,
okay,
seven
all
together
there
would
be
seven
parking
places
well,.
F
Basically,
there's
a
there's,
a
temp
office
next
to
me
on
the
other
side
from
where
the
sign
is,
and
they
have
a
lot
of
traffic
in
and
out,
and
they
tend
to
park
in
front
right
in
front
of
my
office
and
so
I
put
those
lines
basically
to
tell
them.
You
know
that
those
go
with
that
building
the
my
property
actually
goes
almost
to
their
building
and
there's
a
gravel
driveway
up
between
really
probably
eight
or
ten
spots.
If
you
use
that
I
guess.
G
C
G
E
The
problem
is
that
it's
not
very
easy
to
have
it
over
hand
coming
from
them,
because
you're
gonna
lose
it.
One
is
space,
you
know,
and
the
problem
with
this
whole
rule
of
originality
is
that
ten
feet,
you're
gonna
lose
one
in
space.
In
my
own
property,
I
had
to
have
twenty
feet
away
and
Nepal
and
then
have
an
overhang
to
their
street
and
that's
quite
a
bit
of
a
structure.
Well,.
G
That's
your
place,
several
places
that
had
just
coming
off
of
the
top
of
the
building.
You
know
with
many
a
pyramid
frame
that
supported
it
with
with
it
hanging
up,
which
was
much
more
visible
than
this
sign,
and
if,
as
you
stayed,
this
is
just
barely
conspicuous
enough
to
even
even
be
a
benefit
to
me
right
well,
I,
don't
know
why
the
sign.
F
F
You
a
lot
of
people
just
driving
by
thinking
how
long
stop
and
the
sign
is
more
to
get
people
to
you
know,
watch
for
the
sign,
tell
them
where
my
office
is
when
I'm
talking
to
them
and
then
they
come
and
basically
the
the
big
roof-mounted
extending
signs
under
I,
just
basically
economics.
The
way
they
are
did
must
been
five
six
thousand
dollars
on
the
side
and
that's
what
they
cost.
If
you
have
one
of
those
big
roof
mounted
horizontal.
G
F
F
G
F
F
A
A
E
B
A
Now
we'll
try
to
start
the
findings,
so
the
first
one
is
practical
difficulty
and
undue
hardship,
and
it
says
because
of
exceptional
or
extraordinary
circumstances
or
conditions
pertaining
to
a
specific
piece
of
property.
A
literal
enforcement
of
the
regulations
will
create
a
practical
difficulty
or
undue
hardship
that
is
unnecessary
to
the
attainment
of
public
purposes.
So
is
there
some
exceptional
or
extraordinary
circumstance.
E
A
G
Some
of
my
issues
with
this
I
know
he's
I.
Think
West
Virginia
Electric
has
the
same
situation.
A
to
sign
up,
they're,
probably
grandfathered
in
you
know,
I
saw
that,
but
there's
a
limit.
If
we
want
up
change
them
these
options,
then
I
think
people
need
to
follow
through
and
I
understand,
difficult
circumstances.
I
mean
I
spent
a
lot
of
time.
Graham
not
Street,
look
at
how
people
put
their
signs
and
what
works
and
what
doesn't,
but
the
house
next
door,
which
is
still
but
whatever
business
is
in
it.
G
At
the
point,
it's
still
a
very
nice
house
could
become
a
rental
there's
two
big
spotlights
on
that
sign,
shining
down
and
I.
Think
appropriately
as
to
what
the
code
claims
I'm
gonna
Kent
China
at
the
street.
They
can't
attend
this
too,
but
under
those
circumstances,
that
was
one
of
the
drawbacks
I
saw,
but
that
sign
being
there,
because
we
granted
and
that's
been
granted
that
Simon
stay
there
and
that
house
is
in
very
nice
condition
on.
G
G
A
A
So
that's
my
concern.
Yeah.
Okay,
let's
look
at
preservation
of
equal
property
rights.
The
literal
interpretation
of
these
regulations
would
deprive
the
appellant
of
rights
commonly
enjoyed
by
others
in
the
same
zone
in
the
same
vicinity,
while
the
granting
of
the
requested
variance
will
not
confer
on
the
applicant
any
special
privilege
that
is
denied
to
other
properties
in
the
same
zone
and
the
same
facility.
There.
C
A
E
D
D
A
A
E
A
Yeah
they
did
see
yeah
well.
The
last
thing
is
not
of
a
general
nature,
the
condition,
a
situation
of
the
specific
piece
of
property
or
the
intended
use
of
said
property
for
which
the
variance
is
saw.
It
is
not
of
so
general
or
current.
Our
nature
is
to
make
reasonably
practicable
the
formulation
of
a
general
regulation
for
such
condition
or
situation,
and
in
fact
we
already
have
a
sign
ordinance,
and
in
this
case
we
have
being
asked
to
give
people
relief
from
the
regulations
of
their
ordinance.
So
anything
else,
you
want
to
say.
A
E
C
A
So,
let's
lift
on
to
the
next
case,
which
is
case
oh-eight
26
days
own-
is
our
three:
it's
a
clean
one,
Curt
Street
and
then
to
look
at
this
the
appellant.
So
if
we
can
get,
let's
see
what
the
issue
is
here,
he's
requesting
a
variance
from
section
23
of
805
C
to
construct
a
parking
lot
with
five
talking
spaces
without
paving
it
where,
indeed
the
requirement
is
for
it
to
be
paid.
D
Your
information,
packets,
you
should
have
the
letter
of
recommendation
from
the
shade
tree
Commission
that
the
appellant
be
allowed
to
permanently
circle.
Some
parking
lot,
there's
been
a
question
about
the
number
of
parking
spaces
that
is
requested.
How
many
are
allowed
there
and
stuff
I
have
a
copy
of
the
rental
permit
application
that
mr.
deluca
submitted
and
he's
asking
for
5
pennants
at
the
house,
and
only
5
parking
spaces
were
needed.
The
discrepancy
is
when
mr.
D
deluca
did
his
measuring
and
then,
when
the
code
office
did
ours
its
opinion
at
the
code
office
that
there
isn't
enough
maneuvering
room
for
the
number
of
parking
spaces
that
he
claims
can
be
on
one
of
the
code
officers,
lance
allison
drove
a
car
back
there
marking
off
where
the
spaces
were.
He
thought
there
was
an
adequate
parking
space,
so
we
said
that
they
were
officially
5
parking
spaces
back
there,
which
is
all
they
will
be
today,
but
that's
the
discrepancy
in
numbers.
Ok,.
A
A
D
G
When
I
measured,
it
I
didn't
quite
get
the
total
number
of
feet,
that's
showing
on
the
rear
of
the
property.
Here,
I
was
about
four
feet
short
or
five
feet
short
and
then,
when
I
measured,
the
driveway,
you
know
at
least
six
inches
of
that
gravel
driveway
goes
beyond
the
ten
feet
that
it
states
is
between
the
end
of
the
house
and
the
end
of
the
property.
D
H
My
name
is
ID
&
Deluca,
15,
Doug
Drive
in
Athens,
basically
pretty
much.
What
everything
Paul
said
is
what
this
is
about.
Is
this
pretty
much
going
for
a
variance
to
have
gravel
as
opposed
to
painting
after
talking
to
the
tree
Commission,
they
just
felt
that
it
would
actually
be
beneficial
for
the
tree
growth
as
well,
not
having
the
paving
to
prevent
any.
H
You
know
further
damage
down
the
road
as
far
as
the
trees
or
concerns
that
type
of
thing
and
as
far
as
a
code
office,
we
were
talking
about
it
and
it
seems
like
the
water
table
down.
There
has
been
a
problem
with
flooding
on
the
streets
in
that
type
of
thing,
and
they
thought
that
this
would
help
prevent
that
as
well
and
pretty
much
that's.
Our
stance
on
is.
E
A
C
A
A
C
A
C
A
A
And
they
will,
of
course,
have
to
be
of
a
certain
size
and
then
I'm,
one
and
a
half
inch
diameter
at
breast
height
and
come
from
a
state-certified
nursery
protected
part
from
vehicles
by
wheel,
stops
and
various
other
things
and
I
should
just
read
this
little
paragraph
that
shade
tree
Commission
is
very
concerned
about
trying
to
retain
rainwater
at
these
sites
in
order
to
promote
the
growth
of
trees
and
the
tree
canopy
of
the
city
of
Athens,
and
they
wanted
to
convey
to
us
their
backing.
C
G
Well,
I
fully
support
the
gravel
part
in
the
area,
but
hello
and
spending
some
time
back
there.
I
guess
I'd
like
to
feel
assured
that
these
trees
are
somewhere
in
place
before
you
get
the
variance
because
and
with
some
buffers,
because
even
though
maybe
we
want
to
put
six
cars
in
there,
so
you're
gonna
need.
H
H
A
H
A
G
H
A
What
other
means
to
protect
vehicles
from
damaging
the
trees
trees
planted
at
the
front
of
the
property
or
where
people
would
be
walking
should
be
free
of
branches,
so
at
least
6
feet.
Ok,
the
buffering
requirements
of
title
30
706
must
be
met
by
the
owners
of
20
and
22
Oak
Street
and
21
Curt
street,
unless
agreed
otherwise,
within
neighbors
described
in
title
3
706.
A
H
H
C
H
H
E
H
A
A
A
G
E
A
C
A
G
G
G
A
C
E
C
E
I'll
move
the
grant
variance
from
section
20,
2008
Pro
5c
to
the
property
at
21
Kurt's
history
to
construct
a
parking
lot
with
five
parking
spaces
without
paving
it
where
the
requirement
is
for
it
to
be
paved
with
the
condition
that
the
trees
be
planted.
Per
recommendation
of
the
tree
Commission
for
properties
on
properties
of
21
20.
And
it's.
A
All
right,
practical
difficulty
and
undue
hardship
because
of
the
exceptional
extraordinary
circumstances
pertaining
to
this
piece
of
property
of
littoral
enforcement
of
the
regulations
will
result
in
practical
difficulty
and
undue
hardship.
That
is
unnecessary
to
the
achievement
of
the
public
purposes,
and
we
are
remembering
that
the
shade
Commission
is
keeping
the
public
purposes
in
mind
as
they
ask
us
to
end
these
trees
and
support
them
with
a
ground.
B
E
A
All
we
know
is,
if
they
say,
they're
very
concerned,
about
trying
to
retain
rainwater
at
these
sites
to
promote
the
growth
of
trees
and
the
tree
canopy
of
the
city
event.
And
so
it
said
that
the
tree
commission
is
just
simply
interested
in
getting
more
trees
in
the
city
and
you
can't
maintain
the
trees.
If
you
have
all
the
water
runoff.
So
right.
A
Yeah
so
I'm,
assuming
that
it's
exceptional
enough
for
them
to
get
involved
preservation
of
equal
property
rights.
Little
interpretation
would
debate,
deprive
the
appellant
of
rights
commonly
enjoyed
by
others
in
the
same
zone
in
the
same
vicinity.
Well,
grant
a
requested
variants
will
not
confer
on
the
appellant
any
special
privilege
denying
to
other
properties
in
the
cinema.
I
didn't.
C
A
A
A
A
C
E
A
C
A
A
A
A
I
D
Like
if
you
guys
could
email
with
each
other
talk
to
each
other,
you
will
have
an
alternate
date
from
Lincoln
December
for
the
next
meeting.
You
don't
have
to
do.
It
now
go
ahead
and
figure
out
what
your
schedules
are
a
different
day
that
week
I
would
assume
that
that
Monday
the
day
before
that
it's
council
would
be
meeting.
So
probably
these
chambers
would
not
be
available,
but
I'll
leave
it
up
to
you
guys
to
decide
if
you
want
to
have
an
alternate
date
for
the
meeting
of
November
1
wait.