Developer of proposed River Gate apartments wants to join variance fight

Attorneys for the River Gate apartment building being planned near Ohio University's South Green have asked to be joined to an administrative appeal of a variance granted to the development by the Athens Board of Zoning Appeals.

Attorneys for the Summit at Coates Run apartment complex, which is located off of Richland Avenue, have appealed the variance in Athens County Common Pleas Court.

If granted, joining the case as an appellee will allow River Gate attorneys to defend the development and the variance it was granted. In the original filing, Summit attorneys only listed River Gate LLC as an "interested party" while the appellees listed included the Board of Zoning Appeals, Code Director John Paszke and the city of Athens.

In early October, Coates Run LLC attorney B. Lafe Metz requested the court reverse a variance granted in September for construction of the River Gate apartment complex.

The proposed $15 million, 3.5-story apartment building is slated to replace the building that now contains the New Life Assembly of God church at 10 S. Green Drive. The proposed development is currently undergoing Title 41 city site planning review.

Homestead U, LLC, of Columbus, which owns River Gate LLC, originally requested a variance allowing a 4.5-story building, with 82 percent lot coverage, which refers to the footprint a building makes on its property site. Maximum lot coverage allowed by city code is 60 percent.

That variance was rejected. After redrawing plans, Homestead U brought the proposed building down to 3.5-stories, matching code requirements, and requested a variance for 77.5 percent lot coverage. That variance was granted by the Board of Zoning Appeals.

Metz, Coates Run's attorney, argued in the appeal of the zoning board's decision, that the board erred by inexplicably reversing course on standards it had set by rejecting the first request for variance.

In asking to be joined to the appeal, River Gate LLC attorneys David W. Fisher and Richard C. Brahm cited Ohio Supreme Court rulings holding that an applicant who appears before an administrative board such as the Board of Zoning Appeals is a necessary party to an appeal of a decision granting relief.

They cited several examples of the state's high court ruling that property owners are mandatory parties to any such case.

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Developer of proposed River Gate apartments wants to join variance fight