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Athens Board of Zoning Appeals approves 2‑foot side‑setback variance for 5 Arden Place

2140097 · January 14, 2025
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Summary

The Athens Board of Zoning Appeals voted 5–0 Jan. 14 to grant a variance allowing a 2‑foot side setback for a new patio at 5 Arden Place, where the zoning code requires a 5‑foot setback; the board cited the lot’s slope and a neighbor’s written support.

The Athens Board of Zoning Appeals voted 5–0 on Jan. 14 to approve a variance allowing a 2‑foot side setback for a patio at 5 Arden Place, where Athens City Code ACC 23.10.01 Table A requires a 5‑foot side setback.

Rob Delich, chair of the Athens Board of Zoning Appeals, opened the single‑case hearing and said the appellant sought relief from the side‑setback requirement. David Riggs, Zoning Administrator for the City of Athens, told the board the patio slab would sit about 2 feet from the shared property line, short of the 5‑foot requirement, and that a privacy fence under 6 feet in height would not require a setback.

Mark Chapman, the property owner and appellant, said the yard slopes down toward the…

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