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

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 east and that moving the patio the full 5 feet would require removing roughly 3½ feet of soil and more extensive retaining work. “Our backyard just has kind of a natural slope to it,” Chapman said, adding that the goal was “to create the patio to make it a usable space.” He told the board keeping the patio closer to the lot line would reduce how much of the hillside must be cut and thus limit disturbance.

Paula Marks (spelled in the file as Paula Marx), a next‑door neighbor at 7 Arden Place, submitted a written statement read into the record saying she supported the variance and “have no objections.” The board noted the neighbor’s written support under the code’s “absence of detriment” standard.

During deliberations, members discussed the criteria in Athens City Code (including the requirement that variances be the minimum necessary and not cause substantial detriment to adjacent property). Board members identified the steep slope and limited access to the rear yard as practical difficulties supporting a variance and said the proposed work would be a modest footprint with a small retaining wall—described during the hearing as roughly 3 to 4 feet high in places—and a privacy fence that would sit on or behind the proposed patio. Members also asked about drainage; Chapman and Riggs discussed standard site drainage precautions, including the option of a French drain to avoid diverting runoff toward the neighbor’s yard.

The board made a motion to grant the variance in case 24‑20V and, after a second, approved it by voice vote, 5–0. The board did not record individual member votes by name; the chair announced the tally.

Votes at a glance

• Case 24‑20V (5 Arden Place) — Variance from ACC 23.10.01 Table A to allow a 2‑foot side setback where 5 feet is required. Approved 5–0.

• Approval of minutes — Minutes from the Dec. 12, 2024 meeting were approved by the board, 4–0.

The board advised the applicant that a party aggrieved by the decision may petition the Athens County Court of Common Pleas; the board’s rules read at the hearing note such a petition must be filed within 30 days after mailing of the board’s decision.