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Board approves substitution allowing 4-unit at 75 South Shannon to be entirely non‑owner occupied
Summary
The Athens Board of Zoning Appeals approved a nonconforming-use substitution to change a legally grandfathered four‑unit at 75 South Shannon Avenue from 3 non‑owner‑occupied + 1 owner‑occupied to four non‑owner‑occupied units.
The Athens Board of Zoning Appeals on May 13 approved a nonconforming‑use substitution for 75 South Shannon Avenue to change a legally grandfathered four‑unit owner‑occupied residential dwelling into a four‑unit non‑owner‑occupied dwelling.
The substitution was requested by Panda Girl Properties and represented at the meeting by Jordan Dean, who told the board the property was purchased April 1 and “they do not plan on it being owner occupied.” Dean said she had documents showing the prior owner’s zoning certificate and email correspondence supporting the BZA request.
The action matters because the property is in an R‑1 zone where four‑unit buildings are not permitted as new construction; the board reviews substitutions for legal nonconforming uses rather than the five‑part variance findings required for other cases. Zoning Administrator David Riggs described the change as “a very, very to my opinion, very minor use change” and explained that a substitution compares whether the new nonconforming use is “more or less… nonconforming than the existing use.”
Neighbors and board members discussed parking. Mike Snavely, who lives across the street at 78 South Shannon, asked about required parking and potential impacts if additional tenants bring cars to the street. Riggs and others noted the property lacks on‑site parking and that recent code changes have reduced parking requirements citywide; the board discussed that many nearby residents and students walk or use transit. Riggs said the city allows a 72‑hour on‑street parking permit for properties without on‑site parking and that off‑site parking within 1,000 feet can be used in some zones.
After public comment and deliberation, a board member moved to approve the nonconforming use substitution; another member seconded. The board voted unanimously in favor of granting the substitution.
The decision does not change the number of dwelling units (four) and does not require a finding of fact list used for variance cases. It changes the property’s status so that none of the units is required to be owner‑occupied going forward.
The board did not attach additional conditions tied to parking or occupancy as part of the substitution vote. The zoning administrator noted the city is considering further adjustments to parking standards.
