Posted on 07/27/2011 6:00:41 AM PDT by aec
— A refusal by the Athens City Council to rezone property for a private Internet sales club may lead to a lawsuit.
Club owner Jay Spencer had previously asked the Athens Planning Commission to rezone property at 1310 West Elm St., from agricultural to B-2, or business district. The commission voted 6-1 on April 19 to deny the request.
On Monday night, Spencer was at the council meeting to request the property be rezoned. Spencer’s attorney, Eddie Alley, said surrounding properties do not conform to agricultural land use because the AT&T service center, county school bus garage and the Athens-Limestone emergency call center are all located adjacent to Spencer’s property. Alley said detention ponds located near the property also ensure that it isn’t fit for agricultural or residential use.
Alley said Spencer wants to build private storage on the property for members of the for-profit private club. The private storage facility, he said, would open up a job in the community because someone would be needed to manage the units.
He said the destruction that followed the April 27 tornadoes has led to an increased demand for more storage space. Lastly, he said the narrow parcel of land is ideal for storage buildings.
City Planner Mac Martin countered Alley’s presentation and said his office had been told Spencer’s request did not mention storage units and added he was confused by the request. Martin said the only way storage units can be constructed in a B-2 district is with conditional use approval.
Martin said a 2007 revision in the zoning ordinance did not allow for-profit clubs to operate in an agricultural district, so Spencer has been operating in a non-conforming use. He said Alley’s comments about the property not being fit for residential or agricultural growth was also not accurate.
Following the council’s refusal to rezone the property, Spencer said he was considering filing a lawsuit against the city.
“It’s the only option I’ve got left,” he said.
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