Board narrowly approves short‑term rental and parking variances for 40 And A Half Morris Avenue

The Athens Board of Zoning Appeals on April 8 voted first to grant a variance allowing 0 on‑site parking where two on‑site spaces are required and then, by a 3–2 vote, granted a separate variance to permit a non‑owner‑occupied short‑term rental at 40 And A Half Morris Avenue.

Zoning Administrator David Riggs told the board the request comprised two variance items: relief from ACC 23.04.01(B)(6) to allow a non‑owner‑occupied short‑term rental in an R‑1 zone, and relief from ACC 23.08.01(D) to allow 0 on‑site parking where two spaces are required. Riggs explained the property is unusual: two adjacent parcels are separately platted and separately addressed but remain under common ownership and share utilities; an alley that once provided rear access was vacated decades ago, and physical access to the rear parcel is now constrained.

Appellant Mara Anaya, who with her husband purchased the property in 2020 and rehabilitated the carriage house, said the building sits tightly between neighboring parcels and lacks room to create two formal on‑site parking spaces. Anaya said she and her husband had invested in renovating the carriage house, that utilities and meters are arranged through the primary parcel and that short‑term rental use would let the owners control guest activity because the owners live nearby.

Neighbors spoke at length in opposition. Tom Montgomery and Jill Massey (42 Morris Avenue) said approval would eliminate privacy for their backyard and porch, raise security concerns and could depress property values; they said shared driveway and parking constraints make added transient occupancy problematic. Additional neighbors expressed similar privacy and access concerns. An email read into the record from residents at 35 Morris Avenue questioned whether minimum parking requirements were appropriate at all.

Board members focused on access, the vacated alley, the shared utilities and the risk that a variance would persist for future owners. Members noted that the carriage house historically functioned as an accessory building; the property’s parceling and utility configuration make the site functionally constrained. The board discussed alternatives, including deed‑restricted off‑site parking within 1,000 feet (which the code allows but requires a deed restriction) and the possibility of granting a narrower parking relief or a temporary condition; staff advised that off‑site parking would have to be deed‑restricted or secured by an equivalent mechanism.

The board first approved a motion to allow residential use with 0 on‑site parking where two spaces are required (the parking variance) by a 5–0 vote. A subsequent motion to grant a variance to allow a non‑owner‑occupied short‑term rental in the R‑1 zone passed 3–2. Board members and staff observed that, depending on how the variance is worded, the parking relief could apply to future owners and to long‑term rental use unless the board limited the variance explicitly to short‑term rental use or attached other conditions.

The record includes applicant photos and site plans; staff will prepare a written decision to be mailed to the applicant, starting the 30‑day appeal period. Neighbors stated they may pursue further administrative or legal options if the written decision issues without additional conditions to protect access and privacy.