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Athens zoning board grants variance for wood-shed at 5 Ring Street
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Summary
The Athens Board of Zoning Appeals approved a variance to allow a permanent wood storage shed to sit 2 feet from the rear property line and 1.5 feet from the left side at 5 Ring Street, finding the lot's small, triangular shape created practical difficulty under Athens code.
The Athens Board of Zoning Appeals on July 8 approved a variance to allow a permanent wood-storage structure at 5 Ring Street to sit 2 feet from the rear property line and 1.5 feet from the left side, less than the 5-foot setbacks required by the Athens City Code.
Board Chair Rob Delich identified the case as 25-09 (recorded variably in the hearing as 25-09 and 25-09B) and said the appellant was seeking relief from ACC 23.03.11(a)(1). David Riggs, zoning administrator for the city, described the parcel as "a small triangular shaped lot in an R-1 zone" of just over 5,000 square feet and said the lot's irregular shape has led to prior variances for the house and garage.
The owner, Michael Rinaldi Eichenberg of 5 Ring Street, told the board the lot's size and geometry left "very limited options" for locating a firewood storage structure and that the proposed location would be "tucked out of view" and not impede neighbors' access to light or views. He said the rear property line abuts a city-owned alley approximately "10 or 15 feet wide" that is not actively used by the city.
A written email from neighbors Eric and Ali Lee of 7 Ring Street, read into the record, stated they had reviewed the plans and had "no objections" and described the shed as an improvement over an open wood pile.
During deliberations the board applied the standards listed in Athens City Code section 23.7.3(b) and section 23.7.10(c), asking whether exceptional circumstances and practical difficulty existed, whether the variance preserved equal property rights, whether it was the minimum variance necessary, and whether granting it would be detrimental to adjacent properties. Members noted the lot's shape and previous variances for structures on the lot, the presence of the unused city alley behind the property, and the neighbor's written support. The board also discussed that the zoning code makes no size-based exception for small accessory structures and that a temporary, nonpermanent structure would be treated differently.
A motion to grant the variance from ACC 23.03.11(a)(1) to allow the structure 2 feet from the rear and 1.5 feet from the left side was put before the board and approved unanimously; members present voted in favor by raised hands. The board recorded the outcome for case 25-09 (25-09B in the motion language) and closed the testimony.
The board then approved minutes from its June 10 meeting and adjourned.
Why it matters: The decision allows the owner to build a small permanent structure closer to property lines than the zoning code normally permits, citing unusual lot shape and previous variances as grounds. The ruling clarifies application of setback rules to small accessory structures on irregular lots and confirms that unused city right-of-way behind the lot was considered a mitigating factor by the board.
There were no recorded conditions attaching to the variance in the hearing transcript; the board did not specify a requirement for a follow-up inspection or additional permits beyond ordinary building and zoning approvals.
