Zoning Adjustment, Board of (BZA)
Regular MeetingAthens, AL · May 21, 2020
Minutes
COVID-19 Protocol: Required Meeting Summary
THESE ARE NOT MEETING MINUTES
BOARD OF ADJUSTMENT MEETING May 21, 2020
Per the directive of Vice-Chairperson Greg Greene, this meeting was conducted pursuant to Section 3 of
Governor Kay Ivey’s March 18, 2020 Proclamation concerning the operation of the Open Meetings Law
during the state of emergency related to COVID-19. All deliberations conducted, and actions taken, during the
meeting were limited to matters within the Board of Zoning Adjustment’s statutory authority that are (a)
necessary to respond to COVID-19, or (b) necessary to perform essential minimum functions of the Board of
Zoning Adjustment. As such, members of the Board of Zoning Adjustment participated in this meeting by
means of electronic communications. Additionally, the meeting was not open to physical presence by members
of the general public, but was livestreamed so that the public (including any applicant or other person
interested in any agenda item) could listen, observe, and participate in the meeting without being physically
present. Persons interested in doing so were able to utilize the ZOOM meeting invitation and/or meeting phone
number found on the Board of Zoning Adjustment page of the City of Athens website, and contact
etidwell@athensal.us with any additional questions for how to do so. No less than twelve (12) hours after the
meeting, the City posted a summary of the meeting on its website.
This document will serve as the required summary. This document has
not been reviewed by the Commission prior to publication and is not
intended to take the place of approved meeting minutes.
I. Call to Order. The Board of Adjustment of the City of Athens, Alabama, met in
Regular session via ZOOM video conference that was open to the public on May 21,
2020 at 5:30 p.m., after a short work session.
II. Roll Call. Members present: Vice-chairman Greg Greene. Regular members: Jim
Ernest, and Greg Skipworth. Chairperson Jerald Blaxton and Al Wassum were absent.
Alternate member Larry Burlingame was elevated to a voting member.
Micah Cochran, GIS Coordinator, and James Rich, Director of Public Works were
present.
Discussion: Mr. Greene explained that any motion requires four affirmative votes.
Old Business: None
New Business:
III. Public Hearing Request of Nathan Metzger for a Special Exception for a major home
occupation as stated in Section 3.9.1.A of the City of Athens Zoning Ordinance, to be located
at 23154 Nick Davis Road, in an EST, Estate Residential and Agricultural District.
Mr. Cochran explain the request.
Nathan Metzger, applicant, spoke.
BZA May 2020
COVID-19 Protocol: Required Meeting Summary
THESE ARE NOT MEETING MINUTES
Kristen Howard, a Fostering Connections Board Member spoke in favor of the request.
There being no other comments, the public hearing was closed.
IV. Motion. Mr. Green called for a motion three times, no member made a motion. The
case failed for lack of a motion.
V. Public Hearing Request of Gateway Piney Creek, LLC. for a variance to Section 6.6.5.A(3)
of the City of Athens Zoning Ordinance, to allow for selected private streets within the
development to be built to a variation of the City Street Standard, located on +/-15.33 acres
directly north of Peyton Drive, in a C-PUD Conventional Planned Unit Development District.
Mr. Rich advised that applicant wants storm drainage to run down center of street as a valley
instead of crown.
Jon Perkins, project engineer, was available for questions.
No one spoke for or against the case, therefore the public hearing was closed.
VI. Motion. Mr. Green called for a motion.
VII. Resolution. Mr. Skipworth offered the following resolution and moved its adoption:
“BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF
ATHENS, ALABAMA, to approve the request of Gateway Piney Creek, LLC. for a
variance to Section 6.6.5.A(3) of the City of Athens Zoning Ordinance, to allow for
selected private streets within the development to be built to a variation of the City
Street Standard, located on +/-15.33 acres directly north of Peyton Drive, in a C-PUD
Conventional Planned Unit Development District.”
Mr. Earnest seconded the motion. The vote was unanimous of the voting members
present.
Minutes:
VIII. Resolution Mr. Earnest offered the following resolution and moved its adoption:
“BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF
ATHENS, ALABAMA, that the minutes for the April 16, 2019 meeting to be
approved.”
Mr. Skipworth seconded the motion. The vote was unanimous of the voting members
present.
BZA May 2020
COVID-19 Protocol: Required Meeting Summary
THESE ARE NOT MEETING MINUTES
IX. Adjournment. There being no further business, the meeting was adjourned.
BZA May 2020
Agenda
NOTICE OF BOARD OF ADJUSTMENT MEETING
The Board of Zoning Adjustment for the City of Athens, Alabama, will hold a work session at 5:00
p.m., followed by the regular meeting at 5:30 p.m., in the City Council Chambers at City Hall, at
200 W. Hobbs Street, on Thursday, May 21, 2020, for the purpose of hearing the following
applications and appeals. At this time, the applicant and all interested parties are requested to make
their presence known and will be given the opportunity to be heard. Due to COVID-19 protocols,
the City will be streaming the meeting online. More information regarding the streaming of the
meeting will be made available on the City’s website www.athensal.us.
Approval of Minutes
Case #1 Request of Nathan Metzger for a Special Exception for a major home occupation
as stated in Section 3.9.1.A of the City of Athens Zoning Ordinance, to be located
at 23154 Nick Davis Road, in an EST, Estate Residential and Agricultural District.
Case #2 Request of Gateway Piney Creek, LLC. for a variance to Section
6.6.5.A(3)of the City of Athens Zoning Ordinance, to allow for selected private
streets within the development to be built to a variation of the City Street
Standard, located on +/-15.33 acres directly north of Peyton Drive, in a C-PUD
Conventional Planned Unit Development District.
Case #3 Request of Winter Homes Investment Properties, LLC. for a
variance to reduce the front setback in an R-1-1 Single Family Low Density
District from 40 feet to 30 feet (a reduction of 10 feet), located at 17274 Stella
Street, Lot 28 Linton Estates Phase 3.
Case #4 Request of Winter Homes Investment Properties, LLC. for a
variance to reduce the front setback in an R-1-1 Single Family Low Density
District from 40 feet to 35 feet (a reduction of 5 feet), located at 17266 Stella
Street, Lot 29 Linton Estates Phase 3.
Jerold Blaxton
Chairman
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