After two hours of cyclical discussion, it was finally time for the five members of the Athens Planning Commission to vote on Developer Ric Wasserman's apartment building plans, which would replace Bellavino.
Wasserman straightened in his chair, anticipation mounting.
Commission Chair Nicholas Bittner called for a vote. Three “yays” and two “nays” — Wasserman’s plans were approved.
As a result of the commission’s special session, Wasserman could now move forward with the purchase of Bellavino, 22 W. Stimson Ave.
But Ron Luce, director of the Athens County Historical Society said he and other community members plan to appeal the decision.
“The commission doesn’t understand the code,” said Luce. “They completely misunderstood it.”
Wasserman intends to raze the wine-and-beer shop and construct a three-story apartment building in its place.
“I am obviously pleased with the decision,” Wasserman said. “I am looking forward to building high quality apartments.”
Wasserman would not comment on his future plans.
The commission reviewed the plans last Wednesday but postponed a decision so members could consult the code with Athens City Law Director Pat Lang.
The indecision stemmed from an ambiguity in the zoning code. The zoning the building currently is in requires residential use of the building to be only the second floor or above, Athens Mayor Paul Wiehl said.
The code is “silent” on what is required to be on the first floor of the building, he added.
Wasserman’s plans for the three-story building include a first-floor parking lot for the tenants of the apartments. The code requires apartments to have parking available, but the commission discussed at length whether the parking fulfilled a business requirement for the first floor.
“The dwelling has a requirement for parking,” said Commission Chair Nicholas Bittner. “But the question is, is parking a business?”
Wiehl said the zoning code does not have a specific requirement for the ground floor, only that residential usage must be above the first floor — with which the plans are in compliance.
“The code doesn’t say that you have to have a business on the ground floor,” Wiehl said. “You could have a herd of pink elephants if you wanted."
Wasserman exemplified parking as a business by pointing out how landlords across Athens rent out parking spaces to their tenants for additional costs.
“Providing parking for a fee is a business,” he said. “For this there can be no question."
Now that the commission approves his plan, Wasserman must have his final plans approved by the Shade Tree Commission, which Wiehl said will likely occur without trouble.
Luce said the zoning code is clear in stating that the ground floor must be a business, and that a parking garage is not a business.
“The commission couldn’t make the correct decision,” said Luce. “If we need to bring this to court so they can make the correct interpretation, we will.”
Luce said he intended to file the appeal this afternoon.
Wasserman declined to comment about the appeal.
