ATHENS, Ohio — Retroactive permits, a future comprehensive plan and the fate of outdated police equipment were among the topics on the agenda of Athens City Council committee meetings on Monday, March 24.
About half of the meeting involved discussion of a property owner’s request for a special permit for work in the city right of way that was completed last year.
Council members noted that at least five other properties have proceeded with work without the proper permits recently, but that the case at hand — construction of a brick patio and curb — was an egregious example of flouting city code enforcement and building processes.
The property at 37 and 37½ Woodward Avenue, is a rental owned by Do What is Right LLC, according to the Athens County Auditor’s website. According to city records of registered rental housing, the company owns three other rental properties in the Uptown area.
Planning and development committee chair Alan Swank, 4th Ward, said that the duplex previously had a concrete pad in front for two parking spots, with a grassy area beside it. That was grandfathered-in as a nonconforming use, he said.
But sometime last summer, without the city’s approval or knowledge, the brick patio and curb was added.
Mayor Steve Patterson said the city code enforcement office “never received anything from the homeowner in terms of putting in more non-permeable features.”
Council member Jeff Risner, 2nd Ward, said he was “shocked” that the property owner bypassed the city’s building process and now wants the city’s retroactive approval for the work.
“I don’t like that very well,” Risner said, noting that the code enforcement and building processes exist for a reason.
City resident Rob Delach said he has come to learn that such flouting of city building rules is common.
“This is the Athens way,” Delach said. “I’ve heard that from many other people here — that just do it and ask for forgiveness later.”
“It does seem weird that we continue to allow these things to happen in the city,” he added. I think it’s happened enough that there’s been exceptions made … to ignore it and let it go. But maybe we should put our foot down.”
Patterson objected to that characterization.
“Whether it’s the ‘Athens way,’ I’ve not heard that before, but OK,” he said.
Planning and development committee member Solveig Spjeldnes, 1st Ward, asked if a fine could be imposed on the property owner.
“I mean, I’d hate to see them rip it all up, although I guess it’s warranted,” she said of the patio.
Swank replied that according to code enforcement director David Riggs, the city law director could prosecute the property owner.
“But does that resolve the situation that three of our community members expressed a concern about?” he asked.
Council member Michael Wood, 3rd Ward, said he was aware of the Woodward Avenue property under discussion because he lives close by and passes it often, adding that those working on the brick patio partially blocked the street at times when it was installed last summer.
“Honestly, I sort of assumed that they had a permit, because otherwise why would they feel they have license to block up the road every day,” Wood said.
Council member Jessica Thomas, At-Large, asked how the property owner had come to seek a retroactive permit for the work. Swank said he did not know.
Patterson said he would look into the timeline.
He also urged the council to “look into this thoroughly” because “under my administration, to me, this is unacceptable.”
Swank noted five instances of recent special use permits, but those have all involved adherence to the city’s code and building processes. The current special permit sought for 37 and 37½ Woodward involves “blatant disregard for the rules,” Swank said.
With the council’s concurrence, Swank said he would contact code enforcement and the city law director to see how they wish to proceed.
Comprehensive plan
In other discussions Monday, the planning and development committee addressed how to move forward on another five-year update of the city’s 2040 Athens Comprehensive Plan.
The process involves reorganizing the seven-member commission. Thomas said that the commission should include representatives of neighborhood associations in different sections of the city.
The five-year update would start later this year and incorporate all aspects of city planning and growth in several key areas, including the arts, recreation, and transportation.
Patterson said updating the comprehensive plan must involve extensive city input and can take up to two years. He added the city planner could take the lead as the commission chair, if the council chose to do so.
The planning and development committee also showed a map of a proposed utility easement swap involving the city and Columbia Gas.
Under the proposal, the gas company would turn over to the city a 101-year-old easement located between Little Fish Brewery and the Hocking River. In return, the gas company would receive a smaller easement from the city.
“So we’re going to go from a 101-year gas line to a 2025 gas line,” Swank said.
Additionally, the city and safety services committee heard a proposal about an upcoming ordinance to dispose of outdated police department equipment — specifically, 32 firearms, 22 Tasers, 19 police radios, and eight cases of ammunition.
“In this context, ‘dispose’ doesn’t mean going into a trash can or dumpster,” committee chair Micah McCarey said. “We’re being very careful to make sure that they end up with appropriate agencies.”
The police department has identified an agency that will buy the Tasers at $400 apiece, McCarey said. Patterson said the city has a long relationship with a company that buys and resells firearms.
Patterson also suggested that the council consider donating the radios to other municipal entities, as it has done with vehicles and other city property in the past.
Athens City Council’s next regular meeting will be at 7 p.m. on Monday, April 7, in Athens City Hall, Council Chambers, third floor, 8 E. Washington St. Meetings are also available online. Regular sessions are on the first and third Mondays of the month; committee meetings are on the second and fourth Mondays.
