Athens board approves variance to keep 3-foot setback at 34 Elmwood Place

The Athens Board of Zoning Appeals voted 4-0 to approve a variance allowing a 3-foot side setback for a garage at 34 Elmwood Place, where the Athens City Code requires a 5-foot side setback. The board made the decision after hearing from the property owner and considering written support from an adjacent neighbor.

The approval came at a regularly scheduled meeting after the board considered the standards in the Athens City Code for granting variances, including whether exceptional circumstances or undue hardship exist and whether the variance would cause detriment to nearby properties. Rob Delich, chair of the Athens Board of Zoning Appeals, led the hearing and closed public testimony before the vote.

The appellant told the board the property currently has a garage with a 3-foot setback and that the family intends to reuse the existing foundation to rebuild and add a small apartment above the garage for aging relatives. “We already have an existing garage in this space, with the 3 foot setback on that side,” the appellant said, adding that moving the garage to meet the 5-foot requirement would require removing a large, old-growth tree and substantially increase cost.

The board discussed neighborhood patterns and practical effects of enforcing the stricter setback. Lance Allison, assistant co-director representing the city, described the request as straightforward; board members noted several nearby garages in the same area already sit on or very near the property line and said shifting the garage could reduce driveway functionality. The board also noted that accessory-structure setbacks remain 5 feet for side and rear yards under the current code.

The board recorded written support from an adjacent property owner. The board read an email from Kurt Mantle of 30 Elmwood Place stating, “Please convey our support of the proposed work at 34 Elmwood Place as an adjacent property owner. We appreciate the Thrasher family making sound improvements to their homestead over the years including these proposed changes. The setback requirement under review involves our shared property line. We have no reservations for the approval of this variance.”

Members evaluated the variance against the code criteria: they found the request aligned with the established pattern of development along the street, would allow continued use of the existing foundation (minimizing new disturbance), and would not increase the existing proximity to the neighbor. The board characterized the situation as more closely fitting “undue hardship” or practical difficulty than a novel or citywide condition, and concluded the requested 3-foot setback was the minimum variance necessary to allow the proposed use.

A motion to approve the variance from ACC 23.0.3.11(a) to allow a 3-foot side setback where 5 feet is required for 34 Elmwood Place was made and seconded; the board voted in favor, 4-0. The board did not record individual member votes by name in the hearing transcript. The case was listed as Case No. 25-10B on the meeting docket.

The board also reviewed and approved minutes from its July 8 meeting with a requested wording change to Finding No. 6.