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From YouTube: Board of Zoning Appeals December 10, 2019
Description
Board of Zoning Appeals December 10, 2019
A
Good
evening
this
is
a
meeting
of
the
Athens
Board
of
Zoning
Appeals.
The
time
is
701
p.m.
and
the
date
is
Tuesday
December
9
2009
team.
At
this
time,
I
will
call
the
meeting
to
order.
The
board
consists
of
five
members
and
two
alternates,
the
alternates
taking
full
part
in
the
discussions
and
becoming
a
voting
member
in
the
absence
of
a
member
or
when
a
member
abstains
for
conflict
of
interest.
A
President
tonight,
our
members,
ms
Lisa
Carson
mr.
Joe
Kraus,
miss
Kate
Owsley
and
mr.
Robert
Dulac,
the
alternate
who
will
be
a
voting
member
tonight.
I
am
John
Godsey
the
chair
and
present.
Also
we
have
the
Zoning
Administrator
mr.
David,
Riggs
and
secretary
mr.
Paul
Assenmacher.
At
this
time.
I
invite
you
to
view
a
pre-recorded
video
on
the
rules
and
procedures
of
the
board.
B
The
Zoning,
Administrator
or
secretary
will
state
the
basis
of
the
objection
and
any
applicable
facts
or
conditions
pertaining
to
the
case.
The
appellant
or
their
representative
will
give
reason
why
the
appeal
should
be
viewed
favorably.
Anyone
wishing
to
speak
in
favor
of
the
request
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
representative
will
offer
concluding
summary
or
rebuttal
remarks.
B
Testimony
from
the
floor
shall
be
closed.
The
board
will
deliberate
and
render
a
decision.
According
to
athens
city
code,
section
23
b,
the
board
has
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
and
welfare
are
secured
and
substantial
justice
is
done.
According
to
Athens
City
Code,
section
23.
B
There
are
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,
practical
difficulty
and
undue
hardship
because
of
exceptional
or
extraordinary
circumstances
or
conditions
pertaining
to
a
specific
piece
of
property.
A
literal
enforcement
of
these
regulations
will
result
in
practical
difficulty
or
undue
hardship
that
is
unnecessary
to
the
achievement
of
public
purposes.
B
Preservation
of
equal
property
rights.
Literal
interpretation
of
these
regulations
would
deprive
the
appellant
of
Rights
commonly
enjoyed
by
others
in
the
same
zone
in
the
same
vicinity,
while
a
granting
of
the
requested
variance
will
not
confer
on
the
applicant
any
special
privilege
that
is
denied
to
other
properties
in
the
same
zone
in
the
same
vicinity.
B
Minimum
variance
the
variance
granted
is
the
minimum
variance
required
to
make
possible
the
reasonable
use
of
the
property
absence
of
detriment.
The
authorizing
of
such
variance
will
not
be
a
substantial
detriment
to
adjacent
property.
It
will
not
materially
impair
the
purpose
of
the
zoning
code
or
the
public
interest,
not
of
a
general
nature.
B
Any
person,
resident
or
officer
department
or
appointed
body
of
the
city
of
Athens
aggrieved
by
a
decision
of
the
board,
may
petition
the
Athens
County
Court
of
Common
Pleas.
Concerning
the
illegality
of
the
decision.
Such
petition
must
be
filed
within
30
days
after
the
mailing
of
the
decision
of
the
board
to
the
applicant.
Thank
you.
A
A
A
The
first
case
is
case
number
19,
10
V,
the
street.
The
address
is
27
Brown
Avenue
a
zone
is
our
one
and
mr.
Ben
Stuart
is
the
appellant.
Appellant
is
requesting
a
variance
from
a
CC
2303
11a
one
to
allow
the
construction
of
an
accessory
structure,
the
storage
shed
with
the
right
side,
setback
of
one
foot.
Your
five
feet
is
the
minimum
requirement,
mr.
Ryan
Barker
or
the
code
administrator
I.
The
question
on
when
you
have
a
two
feet
overhang.
C
C
C
Just
wanted
to
add
one
small
thing:
if
you've
read
the
appellant
letter,
you
they've
noted
the
size
of
their
2.5
I,
just
wanted
to
point
out
that
in
2007,
a
previous
owner
received
a
variance
for
that
property
to
have
a
driveway
narrower
that
wants
a
lot
so
I
think
that
kind
of
emphasizes
slight
size
of
that
lot.
Okay,.
A
A
D
A
A
D
D
C
A
B
B
A
It
seems
that
this
property
is
very
similar
to
the
neighboring
properties
and
all
of
those
homes
are
kind
of
a
small
in
size
and
I
was
back
in
there.
Most
of
the
properties
do
have
a
structure
in
terms
of
the
shed
or
work
place
to
leave
the
tools
so
I
think
that
qualifies
for
the
exceptional
circumstances.
I
agree,
ok,
practical
difficulty
and
undue
hardship,
and
this
will
be
created
because
of
the
exceptional
circumstances.
Yes,
preservation
of
equal
property
rights.
A
Again,
all
the
neighbors
that
I
saw
they
had
some
sort
of
a
structure
or
accessory
building
on
the
back
or
the
side.
So
we
are
not
really
given
additional
privileges
to
this
property,
minimum
variance.
Well,
we
gained
1.5
feet
so
so
that
makes
it
a
little
bit
better
absence
of
detriment.
I
didn't
you
know
not
of
a
general
nature.
A
A
Alright.
The
second
case
is
case
number
19,
11
B.
The
property
is
at
15
Avon
place
when
zone
is
our
one
and
mr.
Jeff
Brown
is
the
appellant.
The
appellant
is
requesting
a
variance
from
ACC
2303
11
PHA
1,
to
allow
construction
of
an
accessory
structure.
This
is
going
to
be
a
garage
with
the
left
side.
Setback
of
2
feet
where
5
feet
is
the
minimum
requirement.
C
Just
to
point
out
that
1988,
a
previous
owner
got
a
variance
to
build
a
garage
too
close
to
the
side
setback.
So
I,
don't
know
what
happened
31
years
ago,
but
you
the
garages
and
went
down
again
or
he
never
got
around
the
building.
But
31
years
ago
the
Zoning
Board
did
a
grant
a
very
similar
back.
So
you.
E
E
The
other
thing
I
would
point
out
is
and
I
took
pictures
if
it
helps
neighboring
structures
between
State,
Street
and
Jacobs,
the
immediate
vicinity,
the
majority
of
houses
have
garages
and
or
car
ports,
many
of
which
there's
a
very
little
space.
I
mean
we're.
Obviously
these
police
structures
were
built
before
and
I.
Think
I
talk
to
you
guys
with
a
Code
office
about
when
the
five
foot
setback
was
implemented,
so
these
houses
go
were
built
before
that
time.
E
E
An
oversized
garage
part
of
that's
a
reaction
again
walking
the
neighborhood
and
looking
at
garages
that
obviously
can't
open
their
car
doors
if
they
park
in
the
garage,
the
house,
we
moved
from
a
largest
house
and
there's
not
a
lot
of
storage
in
this
place,
so
the
intent
was
to
build
enough
attic
space
in
the
garage
to
have
substantial
storage
for
us.
Okay,.
A
E
A
F
A
B
B
F
Name
is
Pam
brown
and
I
do
live
at
15
Avon
place.
I
just
wanted
to
reiterate
that
most
of
the
driveways
and
garages
that
are
in
the
neighborhood
are
literally
on
the
property
lines.
There's
like
no
setbacks,
so
the
driveway
is
there.
So
if
you
were
to
drive
directly,
you
know
from
the
driveway
into
the
garage,
it
would
just
be
really
awkward
to
have
to
swing
at
all.
A
Swing
it
just
what
what
I
proposed
was
six
inches
so
that
you
would
be
clear
off
the
borderline.
You
know
and
again
we
haven't
done
the
survey.
We
don't
know
exactly
where
the
line
is,
but
based
on
your
presentation,
we
want
to
make
sure
that
any
runoff
water
from
the
roof.
You
know
it's
not
going
to
go
to
the
neighbors
you're
it
just
to
be
considered
that
they're,
your
neighbor,
that's
basically.