ATHENS, Ohio — The City of Athens Law Department’s legal opinion that a temporary housing shelter project would be “improper” did not deter Athens City Council members’ support for the project they expressed Monday night.
In June, the city Planning Commission voted to recommend two zoning changes, both related to a request from the Gathering Place to allow the organization to set up three Conestoga-style huts in its parking lot to use as temporary housing shelters. The organization’s property on North Congress Street is zoned R-3, or multifamily residential housing.
Established 1976, the Gathering Place provides non-clinical peer support for mental health and addiction.
Following discussion at a meeting of the council’s Planning and Development Committee on Sept. 8, Law Director Lisa Eliason issued a legal opinion that allowing the variance would constitute spot zoning, which “singles out one lot or a small area for treatment that is different from the treatment given to surrounding land that is similar in character.”
“Enacting an ordinance for spot zoning for 1, 5, and 7 N. Congress would set precedent,” Eliason wrote. If the council refused a similar zoning request in the future, she wrote, “the City may face legal action for differing treatment.”
At Monday night’s council committees meeting, Mayor Steve Patterson said the likelihood of property owners asking to place temporary housing shelters on their properties was “slim to none,” given the requirement for access to one restroom for every three units.
During the day, hut occupants would have access to bathrooms inside The Gathering Place. Portable toilets would be available for nighttime use.
The planning commission recommended two actions: one allowing the Gathering Place to set up the shelters and another amending the city’s zoning code to allow temporary housing shelters as an accessory use in zones R-3 and B-3.
In her opinion, Eliason noted that the two actions differ in their required review intervals and how the variances are granted. That inconsistency, she said, also could cause legal problems for the city.
Planning and Development Committee Chairman Alan Swank, 4th Ward, suggested “it might make sense to try to bring the two ordinances in line with one another.” Other committee members agreed, although Jessica Thomas, At-Large, said the matter should still involve two ordinances “so that the fate of the Gathering Place is not tied to a citywide ordinance.”
Patterson said the differences between the two recommendations reflect the different circumstances between the Gathering Place and other owners of properties in multi-family and general business zones.
For example, he said, a property owner could have two parcels in an R-3 zone, one with a multiunit residence and the other with an empty lot. If the multiunit residence were sold, the new owner could refuse to make its bathrooms accessible to users of temporary shelters in the empty lot. As such, he said, those uses should be reviewed more frequently and have more scrutiny than for the Gathering Place, which has been in the same spot and ownership for 50 years.
Swank, however, said it is “potentially troubling” that the properties surrounding the Gathering Place are not to receive the same treatment — the same “rights and privileges” — as the Gathering Place. He suggested that both forthcoming ordinances be consistent in their review and approval processes.
“That’s really not a Pandora’s box that I want to open,” Swank said of spot zoning.
Thomas, however, said “I would argue that it’s spot zoning with a specific purpose for a specific mission, and it addresses a community need that we are seeing increasing every — I wouldn’t say every year but every so many months.”
“If we’re not going to listen to the law director’s opinion, why do we even have one?” Swank said.
“It’s an opinion, not a fact,” Thomas replied. She added that, like Swank, she had discussed the spot zoning for the Gathering Place with City Service-Safety Director Andy Stone, “and he had no issue with this.”
Committee member Michael Wood, 3rd Ward, asked why the city wanted to allow temporary shelters on other properties other than the Gathering Place. Patterson said it was a response to the problem of unhoused people in general.
“We certainly know that there’s a large number of unhoused individuals in Athens County and in Athens,” he said. “It was to give council the opportunity to look at other vehicles that can be explored.”
Spjeldnes suggested that council move forward on the ordinance specific to the Gathering Place while taking time to “massage” the more general one to address concerns about inconsistency and implementation. The committee concurred.
Public urges action
As at the committee’s Sept. 8 meeting, members of the public encouraged the council to move forward with the Gathering Place proposal.
Ohio University student Megan Benjamin, an intern at The Gathering Place, said she helped initiate a door-to-door outreach survey of surrounding properties in response to concerns raised at the last meeting about the safety of OU students — especially female students — living near the area..
The survey got responses from all but 10 of 46 homes approached near The Gathering Place, Benjamin said; 88% of those responses were positive or neutral.
“Through these conversations, I learned that many of the concerns were rooted in misunderstandings about the project itself, and the community we serve,” Benjamin said. “Additionally, I learned that several Ohio University students had been approached by their landlords with inaccurate or misleading information about the project.”
Thomas, Patterson and other officials praised Benjamin for her initiative in gathering input and countering misinformation, as well as her professional presentation.
Committee member Solveig Spjeldnes, 1st Ward, who is a retired OU social work professor, said she had placed many of her students in volunteer and work positions at the Gathering Place over the years. There “was never a safety issue, ever,” she said. She added that the Gathering Place is “a just jewel in our community.”
Benjamin was one of several speakers who encouraged swift action before winter sets in.
“There is no time for the perfect solution that will make everyone happy,” Benjamin said. “It’s just not feasible. When will it click that the hut project is a solution? It’s a small step in the right direction, and as a community we should do everything possible to make this happen.”
“It’s getting cold outside,” said Kent Lankas, who lives at Mike’s Bridge House, a male sober living facility on West Washington Street next to the Gathering Place. “Let’s get this done.”
Swank read aloud an email from city resident Rob Delach, who stated his support for the pilot program and emphasized that with winter approaching, “time is of the essence.”
Athens County Children Services pre-annexation agreement
The Planning and Development Committee also discussed a proposed pre-annexation agreement that would bring the Athens County Children Services property at 18 Stonybrook Drive into the city.
The Athens County Board of Commissioners agreed Sept. 16 to move the annexation forward. The property is currently located within Athens County. The final annexation agreement is likely to be approved late next year.
Athens County Children Services Executive Director W. Otis Crockron Jr. said that construction has been underway since last year for a new, nearly 30,000-square-foot building. Construction is scheduled for completion October 2026.
Annexation would accommodate project needs, including a water line along Jacobs Drive to allow for an expansive sprinkler system, Crockron said. He estimated that the move would give the city approximately $110,000 in new tax revenue.
Children services currently has a staff of 92; it is fully staffed at 100 employees, Crockron said. The agency currently provides direct care to 122 children, but as many as 137 children at a time are in custody of children services.
Cybersecurity policy outlined
The council also discussed a new cybersecurity policy created by Lucas Huston, the city’s information technology system administrator.
House Bill 96, the state’s 2026–27 budget law, included a section requiring local government entities to set and adopt standards safeguarding against cybersecurity breaches and ransomware attacks. The safeguards must be in place by Jan. 1, 2026.
Patterson said highlights of the agreement spell out policy on firewall protection, antivirus, multi-factor authentication and staff training. He said the new policy has been well vetted by city administrators, including Huston and City Service-Safety Director Andy Stone.
Patterson said part of cybersecurity awareness is reinforcing how important it is not to click on unknown items.
In November 2024, the city lost almost $722,000 in an email scam perpetrated by someone pretending to be with Pepper Construction, contractor on the new fire station on Stimson Avenue. The funds were transferred to an account with Republic Bank; that account also was used for funds stolen from Regency Centers, a commercial developer near Cincinnati. The fate of funds recovered from that account is pending in Athens County Court of Common Pleas.
So far this month, the Auditor of State’s office has announced findings for recovery against four different government entities that lost funds in cyberscams despite specific guidance from the auditor issued in April 2024 on avoiding such scams.
Vacant property registration
The city is moving ahead on creation of a vacant property registration system through work already completed by Deputy Service-Safety Director Andrew Chiki.
Swank said the system will help maximize use of vacant properties that could be used for housing or other purposes, and will identify areas needing clean-up.
Patterson said the system will help to identify and inventory “sheltered rental units” that have remained unused for substantial periods of time, and will include commercial properties.
Council member Spjeldnes said she considered the proposal “well thought through” and supports the registry “100 percent.”
White Family annexation request
Swank said the Hugh White Chrysler Dodge Jeep Ram vehicle dealership on Columbus Road has petitioned the city to annex a triangle-shaped, 1.75-acre property in order to expand its business.
The cars and trucks on site are “packed in like sardines,” Swank said, so the dealership needs to expand and on city property. Plans call for a new building to be constructed and Patterson said annexation opens the opportunity for a new water line.
The 1.75-acre property is located on Theater Lane, so named for the former drive-in theater located nearby in decades past. Patterson said the property also was home to WATH/WXTQ radio for decades.
Athens resident Kent Lankas said it would be fitting for an historical sign to be erected noting the history of the property.
Affordable Housing Ad-Hoc Subcommittee
Spjeldnes, who represents the city on its Affordable Housing Commission, updated the Planning and Development Committee on potential appointments to the commission’s Ad Hoc (1 Year) Subcommittee.
The purpose of the subcommittee will be to develop quarterly reports and a final report, after one year, detailing recommendations that would affect city rental inspection processes.
Spjeldnes, who did not seek re-election to the 1st Ward seat, said she could still fill a seat on the subcommittee if approved by the commission.
Four other potential appointments to the commission that have come forth include: student renter Emory Mathy, a fourth-year sociology student at OU; Bob Prebe, recommended as the landlord/property manager subcommittee member; Jennifer Collins, recommended for the subcommittee member as a researcher; and Caitlyn McDaniels as a renter advocate. McDaniels is a senior staff attorney with Southeast Ohio Legal Services.
Three more potential Ad Hoc Subcommittee appointments are yet to be announced. One would be Patterson’s subcommittee designee, one would be designated by OU President Lori Stewart Gonzalez, and one would be chosen by City Council President Sam Crowl. Crowl noted that the process needs to proceed in earnest, as his own council President term will also expire at the end of 2025.
Athens City Council’s next regular meeting will be Monday, Oct. 6, at Athens City Hall, Council Chambers, third floor, 8 E. Washington St. Meetings are also streamed online. Regular sessions are on the first and third Mondays of the month; committee meetings are on the second and fourth Mondays.
Correction: This article was corrected around 10 a.m. Sept. 26 to re-attribute a quote to the correct individual, and to clarify that the Gathering Place does not provide clinical counseling or treatment.
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