Hearings Board
Regular MeetingAthens-Clarke County, GA · August 9, 2023
Minutes
ATHENS-CLARKE COUNTY HEARINGS BOARD
SUMMARY MINUTES
August 9, 2023 - 3:00 P.M.
120 W. Dougherty Street
Members Present: Johnelle Simpson, Julianne Geddis, M. Tamaine Jordan, Michael Lord, Joseph Powell,
Chris Joiner, Chris Gazlay
Staff Present: Brad Griffin, Bruce Lonnee, John Rogeberg, Zach Craig, Amber Eskew (Planning); John
Hawkins (ACC Attorney’s Office)
GENERAL BUSINESS
M. Lord called the meeting to order at 3:00 P.M.
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.
J. Powell made a motion to approve, T. Jordan seconded. Motion passed unanimously.
3. Adoption of the minutes of the July 12, 2023, meeting
J. Simpson made a motion to approve, T. Jordan seconded. Motion passed unanimously.
OLD BUSINESS
1. 2535 Jefferson Road VAR-2023-05-0939
Petitioner: Trinity Lutheran Church
Agent: Dr. Anthony DeMarco and Dr. Walter Sams, IV
Zoning: C-O (Commercial-Office)
Tax ID: 113 054
Request: A. Variance to remove the requirement for public sidewalks adjacent to the public
right-of-way (Sec. 9-25-8-E.1.a)
Bruce Lonnee presented the staff report with a recommendation to deny
For: Josh Koons, Dr. Anthony Demarco
Against: none
Motion to approve by C. Joiner, J. Powell seconded. Motion passed unanimously.
NEW BUSINESS
1. 1545 Commerce Road APP-2023-07-1353
Petitioner: Commerce Road, LLC
Agent: David F. Ellison, Fortson, Bentley, and Griffin, P.A.
Zoning: C-G (Commercial-General) and I (Industrial)
Tax ID: 163C4 B002
Request: A. Appeal of staff interpretation of use.
Brad Griffin spoke on behalf of Planning Staff.
For: David Ellison
Against: none
Motion to deny by J. Powell, seconded C. Gazlay. Motion did not pass 3-3 (M. Lord, C. Joiner, J Geddis
opposed) J. Simpson abstained.
Motion to approve C. Joiner, seconded, J. Geddis. Motion passed 4-2 (J. Powell, T. Jordan opposed) J.
Simpson abstained.
2. 140 Pulaski Heights VAR-2023-07-1347
Petitioner: Allen Aycock and Jennifer S. Cole
Zoning: RS-8 (Single-Family Residential)
Tax ID: 163C4 A003
Request: A. Variance to reduce the front yard setback from 15’ to 0’.
Zach Craig presented the staff report with a recommendation to approve with conditions.
For: Allen Aycock
Against: none
Motion to approve by C. Joiner, C. Gazlay seconded with the conditions that, 1)any construction of
subterranean infiltration be at a minimum 5’ from the outside diameter of the sanitary sewer pipe, and 2) a
hold-harmless agreement nees to nbe executed between the applicant and ACCGov Public Utilities
Department in regards to accessing and/or servicing the sanitary sewer line adjacent to the subject
property. Motion passed unanimously.
TABLED BY APPLICANT
3. 1508 US 29 Highway North VAR-2023-07-1348
Petitioner: Harbin Lumber Company, Inc.
Agent: Smith Planning Group
Zoning: C-R (Commercial-Rural)
Tax ID: 211 032H
Request: A. Variance to increase maximum lot coverage from 35% to 65%.
4. 890 Boulevard VAR-2023-07-1344
Petitioner: Good Shepherd Presbyterian Church, PCA, Morgan Angert
Agent: Koons Environmental Design, Inc.
Zoning: RS-15 (Single-Family Residential)
Tax ID: 114D1 G009
Request: A. Variance to increase the maximum lot coverage from 40% to 75%.
Amber Eskew presented the staff report with a recommendation to deny
For: Josh Koons, Morgan Angert
Against: none
Motion to approve by J. Powell, T. Jordan seconded with condition that additional lot coverage is not to
include the construction of additional enclosed conditioned spaces. Motion passed unanimously.
OTHER BUSINESS
1. Planning Director's Report
2. Next scheduled meeting on September 13, 2023
Meeting adjourned 6:00
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.
Agenda
Athens-Clarke County Planning Department
Request for Variance to be heard by the Athens-Clarke County Hearings Board
August 9, 2023
VAR-2023-03-0455
Petitioner Trinity Lutheran Church
Agent Dr. Anthony DeMarco and Dr. Walter Sams, IV
Location 2535 Jefferson Road
Project Number VAR-2023-05-0939
Zoning C-O (Commercial-Office)
Tax Parcel Number(s) 113 054
Present Use Church
Proposed Use Shared Parking
A. Variance to remove the requirement for public sidewalks adjacent to the public right-of-way.
Athens-Clarke County Planning Department
Appeal of Staff Decision to be heard by the Athens-Clarke County
Hearings Board
August 9, 2023
APP-2023-07-1353
Petitioner Commerce Road, LLC.
Agent David F. Ellison, Fortson, Bentley, and Griffin, P.A.
Location 1545 Commerce Rd
Project Number VAR-2023-07-1353
Zoning C-G (Commercial-General) and I (Industrial)
Tax Parcel Number(s) 163C4 B002
Present Use Undeveloped
Proposed Use Distribution Center
A. Appeal of staff interpretation of use.
Athens-Clarke County Planning Department
Request for Variance to be heard by the Athens-Clarke County Hearings Board
August 9, 2023
VAR-2023-07-1347
Petitioner Allen Aycock and Jennifer S. Cole
Location 140 Pulaski Heights
Project Number VAR-2023-07-1347
Zoning RS-8 (Single-Family Residential
Tax Parcel Number(s) 163C4A 003
Present Use Residential
Proposed Use Residential
A. Variance to reduce the front yard setback from 15’ to 0’.
Athens-Clarke County Planning Department
Request for Variance to be heard by the Athens-Clarke County Hearings Board
August 9, 2023
VAR-2023-07-1348 – WITHDRAWN BY APPLICANT
Petitioner Harbin Lumber Company, Inc.
Agent Smith Planning Group
Location 1508 U.S. 29 Highway North
Project Number VAR-2023-07-1348
Zoning C-R (Commercial-Rural)
Tax Parcel Number(s) 211 032H
Present Use Lumber Yard
Proposed Use Lumber Yard
A. Variance to increase maximum lot coverage from 35% to 65%..
Athens-Clarke County Planning Department
Request for Variance to be heard by the Athens-Clarke County Hearings Board
August 9, 2023
VAR-2023-07-1344
Petitioner Good Shepherd Presbyterian Church, PCA, Morgan Angert
Agent Koons Environmental Design, Inc.
Location 890 Boulevard
Project Number VAR-2023-07-1344
Zoning RS-15 (Single-Family Residential
Tax Parcel Number(s) 114D1 G009
Present Use Church
Proposed Use Church
A. Variance to increase the maximum lot coverage from 40% to 75%.
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