After two hours of cyclical discussion Wednesday, it was finally time for the five members of the Athens Planning Commission to vote on developer Ric Wasserman’s plans to raze West Stimson Avenue’s BellaVino and erect apartment buildings.
Wasserman straightened in his chair as Commission Chairman Nicholas Bittner called for a vote. After three “yays” and two “nays,” Wasserman’s plans were approved.
As a result of the commission’s special session, Wasserman can now move forward with the purchase of BellaVino, 22 W. Stimson Ave.
His final plans will have to be approved by the Shade Tree Commission.
Wasserman intends to tear down 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.”
But Ron Luce, executive director of the Athens County Historical Society, said he and other community members plan to appeal the decision in the court of law.
“The commission doesn’t understand the (zoning) code,” Luce said. “They completely misunderstood it.”
Ambiguity in the zoning code led to the commission members’ original indecisiveness about the plan, which is why the vote was postponed last Wednesday to allow the commission to consult Athens City Law Director Pat Lang.
The building is located in a zone that 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, saying only it cannot be residential, he added.
“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’s plans for the three-story building include having the first floor serve as a parking lot for apartment tenants. 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,” Bittner said. “But the question is, is parking a business?”
Wasserman showed that parking was a business by explaining that Athens landlords 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.”
But Luce said the zoning code is clear about the ground floor and that a parking garage is not a business.
“The commission couldn’t make the correct decision,” Luce said. “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 Wednesday afternoon.
Wasserman declined to comment about the appeal.
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