The former Blue Gator bar and restaurant location on North Court Street has been granted parking and setback variances by the Athens Board of Zoning Appeals, clearing the way for a business to eventually take up residence in the spot.

Last Tuesday, the zoning board granted variances to Hocking Valley Bank in a unanimous decision about the 63 N. Court St. building. The building, which has been vacant since 2008, last housed the bar/restaurant/music venue The Blue Gator.

Hocking Valley Bank (HVB) snatched up the property for $600,000 during a sheriff's auction of the foreclosed-on building last February. The property had previously been owned by GTA Holdings LLC, a local company whose principals included former terrorist hostage Terry Anderson. GTA bought the property in 2002 for just under $796,149.

Previously, the location was grandfathered to be exempt from requirements for businesses on the northernmost block of Court Street regarding parking and setback requirements. However, because the building had been vacant for over one year, the grandfathered exemption had expired.

Attorney Christian Gerig, who represented HVB during the board meeting, presented letters of support for the variances, including from the owners of businesses such as Dale's BP and Tony's Tavern, as well as Ohio Realty and Larry Conrath realtor Matt Gaiser (who is also the Republican nominee for county commissioner against incumbent Democrat Lenny Eliason this fall).

Gerig said that the variances are necessary to secure the future of a historical building.

"The variance that we're asking for tonight, I would say, is fairly minimal, in the sense that if you weren't to grant it, this very old building would be rendered useless, valueless,"� he said.

He said the building was constructed in 1920 and has for decades been a bar, lounge and entertainment center.

"The reason we lost our grandfather is that there was a very regrettable and protracted court proceeding that took place,"� he said.

This was a reference to former owner Anderson's filing for Chapter 7 bankruptcy late last year. The property was among sites foreclosed on in the wake of a debt-collection action against Anderson and his business affiliates, originally filed by local developer Brent Hayes. (Hocking Valley later joined the suit.)

When Anderson filed for bankruptcy protection, he stated in his filing that while GTA Holdings, of which he is sole owner, had the deed on the building, Hocking Valley's mortgage amount exceeded the building's value.

The building is in the B-3 zone of Court Street, which lies between State Street and Carpenter Street. The remainder of Court Street is a B-2D zone. In a B-3 zone, businesses are required to provide off-street parking for customers. Businesses in the B-2D zone are not required to provide such off-street parking because of their proximity to the city's parking garage.

Athens code officer Paul Eschenbacher explained that because a business was in operation at the location before that section of Court Street was rezoned to B-3, it was grandfathered into legal non-compliance in 1960.

Currently, Athens City Council is considering an ordinance that would rezone that block to a B-2D zone like the rest of Court Street. On Feb. 17, the city Planning Commission voted 4-0 to recommend the extension to City Council. That marked the fifth time that the Planning Commission had made that recommendation over the years. Council is slated to vote on the matter on June 21.

The current B-3 zone also requires a 10-foot space between the property and the edge of the building on both sides. However, the building in question has no space between itself and the property line, necessitating the second setback variance.

Athens Code Director John Paszke said that if both levels of the building were being used for a business, it would have to provide a maximum of up to 37 parking spaces, without the granting of the variance.

Zoning board member Joan Krananski, while discussing the undue hardship a business would face in zoning restrictions at the location, described providing such off-street parking as "inconceivable."�

Mayor Paul Wiehl said on Friday that the granting of the variance will allow for use of the building, as an alternative to tearing it down and replacing it with a parking lot.

He said that if City Council passes the rezoning ordinance, the variances wouldn't have been necessary.

"It's a question of timing, and as a citizen board, (the zoning board) can make those choices,"� he said.