An attorney from the Coates Run Property has filed an appeal that may prevent the development of a new apartment complex.
An attorney for the Summit at Coates Run claims a proposed apartment complex near South Green could draw business away from the Summit’s Richland Avenue complex, and has filed an appeal against the city for approving it.
However, city officials have already attempted to dismiss that appeal, arguing it lacks legal standing.
Last month, the Athens Planning Commission approved plans for the River Gate Apartment Complex, owned by Homestead U. The 3.5-story complex is set to be built at 264 S. Green, sitting on a 2.38 acre property, said John Paszke, Athens code enforcement director.
Homestead U also owns the Riverpark Towers and River’s Edge apartment complexes near South Green.
Paszke previously told The Post the $15 million project has been in the works for nearly a year.
Officials with Homestead U first applied for a permit through the Athens Board of Zoning Appeals in May, though plans for the building took up 82 percent of the total property. Those plans weren’t compliant with Athens City Code, which requires a building of that kind to take up no more than 60 percent of the total property in order to prevent stormwater runoff issues.
Homestead U eventually settled to develop just 77.5 percent of the property, while opting for more permeable pavement to ease stormwater runoff.
Because of that, B. Lafe Metz, attorney for Coates Run, filed an appeal against the city in September.
Lisa Eliason, Athens chief city prosecutor, filed a motion to dismiss Metz’s appeal on Dec.18 saying Coates Run Property did not have legal standing to file the appeal.
According to the report filed by Eliason, in order for the company to have merit, a representative from Coates Run would have had to speak at a Sept. 9 hearing regarding the development of the property.
The company would also have to demonstrate that it is “directly affected by the decision.”
Metz filed response on Dec. 31 alleging Pam Wells, the property manager for Coates Run, did attend the September hearing and that another attorney, Kenneth Ryan, spoke against the development of the property, though not in direct representation of Coates Run.
Metz’s response also said the decision will directly affect the Coates Run Property because the River Gate Complex will develop additional rental units, which could reduce the value of the Coates Run Property.
“In the present case, both the Athens City Code and the Ohio Revised Code provide a statutory right of appeal that apply here,” Metz said in her response.
Eliason said both parties are still awaiting a decision from Athens Judge George McCarthy regarding Coates Run’s legal standing.
“This is the first step,” she said.
If McCarthy rules in favor of the Coates Run Property, Eliason said, Metz will have to file a brief supporting the motion.
She said this is the first time she remembers a housing company filing against the city on the basis of another property being built.
“I don’t have any recollection of that happening in the past,” she said.
She said there aren’t currently any restraining orders preventing Homestead U from beginning construction on the complex.
The company has already received a demolition permit to demolish the previous property, the New Life Assembly of God.
It still awaits approval from the state to begin construction on the new property.
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