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Hearings Board

Regular Meeting

Athens-Clarke County, GA · June 10, 2020

AgendaMinutes

Minutes

ATHENS-CLARKE COUNTY HEARINGS BOARD SUMMARY MINUTES JUNE 10, 2020 3:00 P.M. 120 W. DOUGHERTY ST MEMBERS PRESENT: Jonathan Biron, Chris Gazlay, M. Tamaine Jordan, Michael Lord, Richard Martin, Joseph Powell, Carrie Pucko MEMBERS ABSENT: None STAFF PRESENT: Gavin Hassemer, Marc Beechuk, Amber Eskew, Robin Schultze (Planning); Michael Petty (Attorney’s Office) GENERAL BUSINESS: Mike Lord called the meeting to order at 3:00 p.m. 1. Introduction of staff reports and all other documents submitted to the Hearings Board at the meeting into the official record. Jon Biron moved to introduce all reports and documents into the official record. M. Tamaine Jordan seconded the motion, which passed unanimously. 2. Approval of the February 12, 2020 Hearings Board minutes. Joseph Powell made a motion for approval; Richard Martin seconded the motion, which passed unanimously. OLD BUSINESS – None NEW BUSINESS 1. 163 NANTAHALA AVENUE VAR-2020-02-437 Petitioner: Marilyn A. MacMillan Agent: Evelyn G. Reece for Reece Preservation Services, LLC Zoning: RS-8, H (Single-Family Residential; Historic District Overlay) Tax ID: 163C3 B004 Request: A. Variance to decrease the minimum lot width and continuous linear street frontage. Mr. Hassemer presented the staff report with a recommendation for denial. FOR: Marilyn MacMillan, Evelyn Reece AGAINST: None MOTION: Chris Gazlay made a motion to deny the variance; M. Tamaine Jordan seconded the motion, which passed 6:1 (Powell). 2. 160 STANTON WAY VAR-2020-02-439 Petitioner: Blake Underwood Zoning: RS-15 (Single-Family Residential) Tax ID: 122D4 C003 Request: A. Variance to increase the maximum fence height within a rear or side yard setback area abutting a public right-of-way. Mr. Hassemer presented the staff report with a recommendation for denial. FOR: Blake Underwood AGAINST: None MOTION: Carrie Pucko made a motion to deny the variance; Richard Martin seconded the motion, which passed 5:2 (Biron, Jordan). 3. 139 GRETCHEN LANE VAR-2020-03-781 Petitioner: Ramiro and Maria Chavez Zoning: Special Use in AR (Agricultural Residential) Tax ID: 224A2 A043 Request: A. Variance to increase the maximum lot coverage. Mr. Hassemer presented the staff report with a recommendation for denial. FOR: Vanessa Chavez AGAINST: None MOTION: M. Tamaine Jordan made a motion to deny the variance; Carrie Pucko seconded the motion, which passed unanimously. 4. 139 RUTH STREET VAR-2020-03-786 Petitioner: Jimmy Zhong Zoning: RM-1 (Mixed-Density Residential) Tax ID: 163B3 C001 Request: A. Variance to increase the maximum contiguous parking area within a front or side yard adjacent to a street. Mr. Hassemer presented the staff report with a recommendation for denial. FOR: Jimmy Zhong AGAINST: None MOTION: M. Tamaine Jordan made a motion to deny the variance; Richard Martin seconded the motion, which passed unanimously. 5. 886 S. MILLEDGE AVENUE VAR-2020-05-1255 Petitioner: Pi Beta Phi FHC – GA Alpha, LLC Agent: Henry G. Anderson for TreanorHL Architects Zoning: C-O, H, MAC (Commercial-Office; Historic District Overlay; Milledge Avenue Corridor Special District Overlay) Tax ID: 124B2 I002 Request: A. Variance to decrease the minimum side and rear yard buffer, landscape buffer wall. B. Variance to decrease the minimum number of required parking spaces for fraternity or sorority and semi-public halls, clubs, or lodges. C. Variance to eliminate the minimum 24-foot back-up space for required parking areas. D. Variance to decrease the minimum front yard setback to be less than that of the existing front yard setback that is closest to the public right-of-way on an abutting property. E. Variance to increase the maximum distance of parking lot canopy trees from the edge of the parking lot area pavement or curb. F. Variance to allow the use of medium, small, or very small canopy trees in lieu of large canopy trees for perimeter planting areas in parking lots . G. Variance to eliminate the maximum number (14) of contiguous parking spaces without a landscape island or peninsula containing trees. Mr. Hassemer presented the staff report with a recommendation for denial of all variances requested. FOR: Henry Anderson, Allie Colleton AGAINST: None MOTION (Variance A) Chris Gazlay made a motion to approve the variance with a condition that the reduction in buffer apply to the property line abutting 350 W. Rutherford Street as shown on the submitted site plan; Carrie Pucko seconded the motion, which passed 5:2 (Jordan, Lord). (Variance B) Joseph Powell made a motion to approve the variance; Richard Martin seconded the motion, which passed 5:2 (Jordan, Lord). (Variance C) Jon Biron made a motion to deny the variance; Richard Martin seconded the motion, which passed 5:2 (Gazlay, Pucko). (Variance D) M. Tamaine Jordan made a motion to deny the variance; Joseph Powell seconded the motion, which passed unanimously. (Variance E) Richard Martin made a motion to approve the variance with a condition that it be specifically applied to trees labeled #3 and #4 on the submitted tree management plan; Joseph Powell seconded the motion, which passed unanimously. (Variance F) Carrie Pucko made a motion to approve the variance with a condition that medium canopy trees may be substituted provided a minimum of two large canopy trees are also utilized; Joseph Powell seconded the motion, which passed unanimously. (Variance G) Joseph Powell made a motion to deny the variance; M. Tamaine Jordan seconded the motion, which passed 5:2 (Gazlay, Lord). ELECTION OF OFFICERS Nomination and election of both the Chair and Vice Chair positions for the Hearings Board. MOTION: Chris Gazlay made a motion to nominate Mike Lord as Chair; Joseph Powell seconded the motion, which passed unanimously. MOTION: Chris Gazlay made a motion to nominate Jon Biron as Vice-Chair; M. Tamaine Jordan seconded the motion, which passed unanimously. OTHER BUSINESS 1. Planning Director's Report 2. Next scheduled meeting on July 8, 2020 Meeting was adjourned at 7:04 p.m.

Agenda

In response to the state of emergency in Georgia regarding COVID-19 (“Coronavirus”), the Hearings Board meeting will be held via a “WebEx” online meeting platform. Members of the public may provide written comments by mail or by email at planning@accgov.com prior to 12:00 noon the day of the meeting. Finally, members of the public may also address the Hearings Board via electronic communication provided in the Auditorium of the Planning Department, 120 West Dougherty Street, Athens, Georgia 30601, subject to safe distancing measures. ATHENS-CLARKE COUNTY HEARINGS BOARD FINAL AGENDA June 10, 2020 - 3:00 P.M. 120 W. Dougherty Street (Virtual Meeting via WebEx) GENERAL BUSINESS 1. Determination of quorum 2. Introduction of staff reports and all other documents submitted to the Hearings Board at this meeting into the official record. 3. Adoption of the minutes of the February 12, 2020 meeting NEW BUSINESS 1. 163 NANTAHALA AVENUE VAR-2020-02-437 Petitioner: Marilyn A. MacMillan Agent: Evelyn G. Reece for Reece Preservation Services, LLC Zoning: RS-8, H (Single-Family Residential; Historic District Overlay) Tax ID: 163C3 B004 Request: A. Variance to decrease the minimum lot width and continuous linear street frontage. 2. 160 STANTON WAY VAR-2020-02-439 Petitioner: Blake Underwood Zoning: RS-15 (Single-Family Residential) Tax ID: 122D4 C003 Request: A. Variance to increase the maximum fence height within a rear or side yard setback area abutting a public right-of-way. 3. 139 GRETCHEN LANE VAR-2020-03-781 Petitioner: Ramiro and Maria Chavez Zoning: Special Use in AR (Agricultural Residential) Tax ID: 224A2 A043 Request: A. Variance to increase the maximum lot coverage. 4. 139 RUTH STREET VAR-2020-03-786 Petitioner: Jimmy Zhong Zoning: RM-1 (Mixed-Density Residential) Tax ID: 163B3 C001 Request: A. Variance to increase the maximum contiguous parking area within a front or side yard adjacent to a street. 5. 886 S. MILLEDGE AVENUE VAR-2020-05-1255 Petitioner: Pi Beta Phi FHC – GA Alpha, LLC Agent: Henry G. Anderson for TreanorHL Architects Zoning: C-O, H, MAC (Commercial-Office; Historic District Overlay; Milledge Avenue Corridor Special Distric Overlay) Tax ID: 124B2 I002 Request: A. Variance to decrease the minimum side and rear yard buffer, landscape buffer wall. B. Variance to decrease the minimum number of required parking spaces for fraternity or sorority and semi-public halls, clubs, or lodges. C. Variance to eliminate the minimum 24-foot back-up space for required parking areas. D. Variance to decrease the minimum front yard setback to be less than that of the existing front yard setback that is closest to the public right-of-way on an abutting property. E. Variance to increase the maximum distance of parking lot canopy trees from the edge of the parking lot area pavement or curb. F. Variance to allow the use of medium, small, or very small canopy trees in lieu of large canopy trees for perimeter planting areas in parking lots . G. Variance to eliminate the maximum number (14) of contiguous parking spaces without a landscape island or peninsula containing trees. ELECTION OF OFFICERS Nomination and election of both the Chair and Vice Chair positions for the Hearings Board. OTHER BUSINESS 1. Planning Director's Report 2. Next scheduled meeting on July 8, 2020 NOTICE A qualified interpreter for the hearing impaired is available upon request at least ten (10) days in advance of this meeting. Please call (706) 613-3515, [TDD (706) 613-3115] to request an interpreter or for more information. Athens-Clarke County Planning Department Request for Variance to be heard by the Athens-Clarke County Hearings Board June 10, 2020 VAR-2020-02-437 Petitioner Evelyn G. Reece for Reece Preservation Services, LLC Location 163 Nantahala Avenue Property Owner Marilyn A. MacMillan Project Number VAR-2020-02-437 Zoning RS-8, H (Single-Family Residential, Historic District Overlay) Tax Parcel Number(s) 163C3 B004 Present Use Residential Proposed Use Residential A. Variance to decrease the minimum lot width and continuous linear street frontage (Sec. 9-7-3). Athens-Clarke County Planning Department Request for Variance to be heard by the Athens-Clarke County Hearings Board June 10, 2020 VAR-2020-02-439 Petitioner Blake Underwood Location 160 Stanton Way Property Owner Blake Underwood Project Number VAR-2020-02-439 Zoning RS-15 (Single-Family Residential) Tax Parcel Number(s) 122D4 C003 Present Use Residential Proposed Use Residential A. Variance to increase the maximum fence height within a rear or side yard setback area abutting a public right-of-way (Sec. 9-15-1.A.3). Athens-Clarke County Planning Department Request for Variance to be heard by the Athens-Clarke County Hearings Board June 10, 2020 VAR-2020-03-781 Petitioner Ramiro and Maria Chavez Location 139 Gretchen Lane Property Owner Ramiro and Maria Chavez Project Number VAR-2020-03-781 Zoning Special Use in AR (Agricultural Residential) Tax Parcel Number(s) 224A2 A043 Present Use Residential Proposed Use Residential A. Variance to increase the maximum lot coverage (Sec. 9-7-3). Athens-Clarke County Planning Department Request for Variance to be heard by the Athens-Clarke County Hearings Board June 10, 2020 VAR-2020-03-786 Petitioner Jimmy Zhong Location 139 Ruth Street Property Owner Jimmy Zhong Project Number VAR-2020-03-786 Zoning RM-1 (Mixed-Density Residential) Tax Parcel Number(s) 163B3 C001 Present Use Residential Proposed Use Residential A. Variance to increase the maximum contiguous parking area within a front or side yard adjacent to a street (Sec. 9-30-8 E.). Athens-Clarke County Planning Department Request for Variance to be heard by the Athens-Clarke County Hearings Board June 10, 2020 VAR-2020-05-1255 Petitioner Henry G. Anderson for TreanorHL Architects Location 886 S. Milledge Avenue Property Owner Pi Beta Phi FHC – GA Alpha, LLC Project Number VAR-2020-05-1255 Zoning C-O, H, MAC (Commercial-Office, Historic District Overlay, Milledge Avenue Corridor Special District Overlay) Tax Parcel Number(s) 124B2 I002 Present Use Sorority Proposed Use Sorority A. Variance to decrease the minimum side and rear yard buffer, landscape buffer wall (Sec. 9-15-3.A.3.). B. Variance to decrease the minimum number of required parking spaces for fraternity or sorority and semi-public halls, clubs, or lodges (Sec. 9-30-2.D.9.). C. Variance to eliminate the minimum 24-foot back-up space for required parking areas (Sec. 9-30-9.A.). D. Variance to decrease the minimum front yard setback to be less than that of the existing front yard setback that is closest to the public right-of-way on an abutting property (Sec. 9-15-9.E.1.). E. Variance to increase the maximum distance of parking lot canopy trees from the edge of the parking lot area pavement or curb (Sec. 8-7-15.J.4.). F. Variance to allow the use of medium, small, or very small canopy trees in lieu of large canopy trees for perimeter planting areas in parking lots (Sec. 8-7-15-J.8.). G. Variance to eliminate the maximum number (14) of contiguous parking spaces without a landscape island or peninsula containing trees (Sec. 8-7-15.J.15.).

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