ATHENS, Ohio — The City of Athens plans to sue the out-of-town owner of a rental property for changes the owner made in the city right of way without seeking a permit.
The issue was discussed by Athens City Council’s Planning and Development Committee at Monday’s council committees meeting. That discussion resulted in a proposed ordinance seeking civil action against Do What is Right LLC.
The property owner built a large brick paver patio and curb in the front yard of its duplex rental, at 37 and 37½ Woodward Ave — without permission from the city’s Office of Code Enforcement and Community Development. Instead, the company asked for a special use permit for the patio and curb after the work had already been completed.
The matter came up at council’s committee meetings on March 24.
What is so “galling” about the situation on Woodward Avenue is that when the brick patio was completed last summer, “more than one” individual contacted the code enforcement office, said Planning and Development Committee Chair Alan Swank, 4th Ward.
“The code office went out and told them they couldn’t do it,” Swank said, adding the property owner was advised to come before council for a right-of-way use permit. “But they went ahead and did it, and put in a curb.”
Christine Robinson-Belt, a code enforcement administrative assistant, said in an email Thursday, April 17. “At this time, our office cannot confirm or deny ‘more than one’ person reporting a concern with this property. We can confirm that property owner was advised to stop the project and submit the proper permitting applications.”
The patio and curb is “ugly as sin,” said Michael Wood, 3rd Ward, who lives near the Woodward Avenue property.
Of the two options presented — approve the after-the-fact special use permit or pursue legal action — “I’d be keen to take option two,” Wood added.
Solveig Spjeldnes, 1st Ward, also favored legal action.
“We have had, more than once, people who do what they want to do and don’t bother with code, and then they get away with it,” Spjeldnes said. “It’s important that we set a standard and that we encourage people to follow the law in all respects.”
The unpermitted curb destroyed a perfectly good grassy front yard, leading to more water runoff going downhill, Swank said.
In a hilly city like Athens, runoff can endanger properties lower on the hill — as happened recently on Joneswood Drive, where heavy rains exacerbated a slippage that destroyed an unoccupied home.
City Service Safety Director Andy Stone recommends that the council pass an emergency ordinance declaring the slip area a real and present danger, Transportation Committee chair Spjeldnes reported on Monday. That would allow the city to bypass the bidding process, expediting work on the slip, she said.
Such an ordinance will be on the council’s agenda on April 21, Spjeldnes said.
Mayor Steve Patterson said repairing the slip would involve fortifying Joneswood with I-beam pilings — and could cost between $500,000 and $1 million.
City resident Barbara Stout said her elderly father lives near the collapsed house.
“Things happen, I know, but that road has been slipping for a year,” she told the council. “It was obvious that the road had a huge dip in it, and nobody did anything. … It was pretty obvious that it was going to slip.”
Hill Tide Partners seeks zoning change
Hill Tide Partners of South Carolina, which seeks to build a 50-unit, multistory affordable housing project at 111 Hooper St., presented its request for rezoning before the planning and development committee on Monday.
The developer wants the project area to be rezoned from R-1 (single-family) and R-2 (medium density) to R-3 (multi-family) residential. Hill Tide Partners is awaiting approval of its application
Swank noted that the city planning commission recently recommended the zoning change for the project by a 5-0 vote, in part because it is across the street from Monticello Village, another multifamily apartment complex.
The project site encompasses eight parcels on about 18.5 acres. Only 5 acres, all within the city, will be used for the affordable housing project. The rest of the acreage lies in Athens Township; Hill Tide development officer Taylor Koch said the company may seek a partner to develop those parcels for single-family homes in the future.
Koch said the project is under consideration for a new round of Ohio Housing Finance Agency funding through the Low-Income Housing Tax Credit program, which will be awarded late this year.
Issues still to be decided for the proposed Hill Tide project include public transportation involving an agreement with HAPCAP, as well as sewer system access and pedestrian infrastructure.
Spjeldnes said her previous concerns with the project remain, including its distance from the Richland Avenue corridor, the lack of sidewalks along the road, and lack of secured, committed public transportation.
Athens City Council’s next regular meeting will be at 7 p.m. on Monday, April 21, 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.
Update: This story was updated at 3:22 p.m. on April 17 to add a response from the city code enforcement office.
