Hearings Board
Regular MeetingAthens-Clarke County, GA · January 13, 2021
Minutes
ATHENS-CLARKE COUNTY HEARINGS BOARD
SUMMARY MINUTES
JANUARY 13, 2021
3:00 P.M.
120 W. DOUGHERTY ST
MEMBERS PRESENT: Jon Biron, Chris Gazlay, M. Tamaine Jordan, Michael Lord, Richard Martin, Joseph Powell,
Carrie Pucko
MEMBERS ABSENT: None
STAFF PRESENT: Gavin Hassemer, Amber Eskew (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. Joseph Powell moved to introduce all reports and documents into the official record. M.
Tamaine Jordan seconded the motion, which passed unanimously.
2. Approval of the December 9, 2020 Hearings Board minutes. Richard Martin made a motion for approval; M.
Tamaine Jordan seconded the motion, which passed unanimously.
OLD BUSINESS - None
NEW BUSINESS
1. 1255 S. Milledge Avenue VAR-2020-11-3359
Petitioner: John Barrett c/o Barrett Children Trust
Agent: David Matheny of AMT, P.C.
Zoning: C-N (Commercial-Neighborhood)
Tax ID: 173A3 B010
Request: A. Variance to eliminate the applicability of site design standards.
B. Variance to decrease the minimum side yard setback.
Mr. Hassemer presented the staff report with a recommendation for denial of each variance.
FOR: David Matheny, Kevin Dobson
AGAINST: None
MOTION (Variance A): Joseph Powell made a motion to deny the variance; Michael Lord seconded the motion,
which passed 6:1 (M. Tamaine Jordan).
(Variance B): Jon Biron made a motion to approve the variance; Chris Gazlay seconded the motion,
which passed unanimously.
2. 886 S. Milledge Avenue VAR-2020-12-3549
Petitioner: Pi Beta Phi FHC – GA Alpha, LLC
Agent: Henry G. Anderson, III for TreanorHL Architects
Zoning: C-0, H, MAC (Commercial-Office; Historic District Overlay; Milledge Avenue Corridor Special
District Overlay)
Tax ID: 124B2 I002
Request: A. Variance to decrease the minimum number of required parking spaces for a fraternity or
sorority.
B. Variance to eliminate the requirement for public sidewalk adjacent to a street.
C. Variance to allow prohibited activities (placement of temporary or permanent structures)
within the tree protection zone.
Mr. Hassemer presented the staff report with a recommendation for denial of Variance A, and approval with
conditions for both Variances B and C.
FOR: Henry G. Anderson, III
AGAINST: None
MOTION (Variance A): Joseph Powell made a motion to approve the variance; Richard Martin seconded the
motion, which passed 6:1 (M. Tamaine Jordan).
(Variance B): Richard Martin made a motion to approve the variance with two conditions. First, that
no new sidewalk or new walkways beyond those required by code be introduced; and
second, that this variance endure only as long as the two water oaks along Rutherford
Street are standing. Should the trees be removed at or before any future project
triggering compliance, the sidewalk would be required. Carrie Pucko seconded the
motion, which passed unanimously.
(Variance C): Carrie Pucko made a motion to approve the variance with two conditions. First, that
two new large canopy trees be planted in the front yard in addition to conserving the
mature trees to the greatest extent possible; and second, that the extent of
encroachment for walkways and sidewalk not exceed the minimum necessary for code
compliance to impact the trees as little as possible. M. Tamaine Jordan seconded the
motion, which passed unanimously.
3. 657 Cobb Street VAR-2020-12-3553
Petitioner: Michael and Monika Kapousouz
Agent: N/A
Zoning: RS-8, H (Single-Family Residential; Historic District Overlay)
Tax ID: 122B1 B004
Request: Variance to decrease the minimum side yard setback.
Mr. Hassemer presented the staff report with a recommendation for denial.
FOR: Michael Kapousouz, Monika Kapousouz, Jeff Bishop, David Matheny
AGAINST: None
MOTION: Jon Biron made a motion to approve the variance; Joseph Powell seconded the motion, which
passed unanimously.
OTHER BUSINESS
1. Planning Director's Report – Mr. Hassemer stated there would not be a February 2021 Hearings Board Meeting.
Multiple members have terms expiring later this year and are eligible for reappointment. A status update on
appeals to the Planning Commission was discussed along with associated procedure.
2. Next scheduled meeting on March 10, 2021
Meeting was adjourned at 4:53 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
DRAFT AGENDA
January 13, 2021 - 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 December 9, 2020 meeting
NEW BUSINESS
1. 1255 S. MILLEDGE AVENUE VAR-2020-11-3359
Petitioner: John Barrett c/o Barrett Children Trust
Agent: David Matheny of AMT, P.C.
Zoning: C-N (Commercial-Neighborhood)
Tax ID: 173A3 B010
Request: A. Variance to eliminate the applicability of site design standards.
B. Variance to decrease the minimum side yard setback
2. 886 S. MILLEDGE AVENUE VAR-2020-12-3549
Petitioner: Pi Beta Phi FHC – GA Alpha, LLC
Agent: Henry G. Anderson, III 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 number of required parking spaces.
B. Variance to eliminate the requirement for public sidewalk adjacent to a street.
C. Variance to allow prohibited activities (placement of temporary or permanent
structures) within the tree protection zone.
3. 657 COBB STREET VAR-2020-12-3553
Petitioner: Michael and Monika Kapousouz
Zoning: RS-8, H (Single-Family Residential; Historic District Overlay)
Tax ID: 122B1 B004
Request: A. Variance to decrease the minimum side yard setback.
OTHER BUSINESS
1. Planning Director's Report
2. Next scheduled meeting on February 10, 2021
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
January 13, 2021
VAR-2020-11-3359
Petitioner David Matheny of AMT, P.C.
Location 1255 S. Milledge Avenue
Property Owner John Barrett c/o Barrett Children Trust
Project Number VAR-2020-11-3359
Zoning C-N (Commercial-Neighborhood)
Tax Parcel Number(s) 173A3 B010
Present Use Restaurant
Proposed Use Restaurant
A. Variance to eliminate the applicability of site design standards (Sec. 9-25-2 D.)
B. Variance to decrease the minimum side yard setback (Sec. 9-10-3)
Athens-Clarke County Planning Department
Request for Variance to be heard by the Athens-Clarke County Hearings Board
January 13, 2021
VAR-2020-12-3549
Petitioner Henry G. Anderson, III for TreanorHL Architects
Location 886 S. Milledge Avenue
Property Owner Pi Beta Phi FHC – GA Alpha, LLC
Project Number VAR-2020-12-3549
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 number of required parking spaces (Sec. 9-30-2 D.9.)
B. Variance to eliminate the requirement for public sidewalk adjacent to a
street (Sec. 9-25-8 E.1.a.)
C. Variance to allow prohibited activities (placement of temporary or permanent structures)
within the tree protection zone (Sec. 8-7-19 h.1.c.)
Athens-Clarke County Planning Department
Request for Variance to be heard by the Athens-Clarke County Hearings Board
January 13, 2021
VAR-2020-12-3553
Petitioner Michael & Monika Kapousouz
Location 657 Cobb Street
Property Owner Michael & Monika Kapousouz
Project Number VAR-2020-12-3553
Zoning RS-8, H (Single-Family Residential; Historic District
Overlay)
Tax Parcel Number(s) 122B1 B004
Present Use Residential
Proposed Use Residential
A. Variance to decrease the minimum side yard setback (Sec. 9-7-3).
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