Citing first amendment concerns, the Shade resident behind the proposed Stimson Avenue strip club is taking the case to court, his lawyer confirmed yesterday.
The Athens City Board of Zoning Appeals denied applicant Chris Stotts, of Shade, use of the property for a strip club on March 11 because the club did not agree with the character of the street and the club did not fit the definition of an assembly hall.
Stott's lawyer, Scott Mergenthaler, said the club does fit Athens city zoning codes and the board's decision goes against the first amendment. Mergenthaler mailed the appeal to the board and the court yesterday.
The original Dec. 17 application for a strip club on the property at 9, 11 and 13 West Stimson Avenue called the strip club a private club and assembly hall.
Stotts also submitted three additional applications March 14 with a different defined purpose for the building on each application. The applications specified the property would be used as a nightclub, a theater and for entertainment ' all of which are allowed by city codes.
Code Enforcement Director Steve Pierson said he denied the March 14 applications because the zoning board already determined that the club does not fit the character of the street.
Mergenthaler expects that Stotts will appeal Pierson's decision on these applications to the zoning board. Stotts has not yet been notified that the new applications were denied, Mergenthaler said.
If the zoning board also denies the March 14 applications, Stotts also will appeal these to the Athens County Court of Common Pleas, Mergenthaler said.
Demetrios Prokos, the property's owner, has submitted alternative plans for the property that include apartments, stores and restaurant; however, the plans call for several code variances including parking changes and allowing first floor apartments.
If the Athens Planning Commission is favorable to his plans at subsequent meetings, then Prokos said he would abandon the strip club project and plans for a luxury used-car dealership approved Feb. 20.
There has been speculation that Prokos is using the controversy created by the club to make city officials more favorable to his alternative plans; however, Prokos denies that.
17 Archives
Brigitta Burks
