Planning commission narrowly backs existing short-term rental at 210 East Cloverhurst despite staff opposition

The Athens-Clarke County Planning Commission on Jan. 8 recommended approval of a special-use permit for a commercial short-term rental at 210 East Cloverhurst Unit 2, reversing staff's recommendation to deny the request based on concerns about cumulative loss of long-term housing.

Staff framed the decision in the context of the 2023 comprehensive plan and the county's renewed emphasis on preserving long-term housing: "Staff finds it to be incompatible with the 2023 comprehensive plan, due to removal of housing from the market," the planner said. The staff report also noted the application was submitted under the prior STR rules and would be evaluated under those standards.

Applicants Wayne and Abby Loban said they have used the condo as a second residence and operated it as an Airbnb since 2021 primarily for UGA‑related visitors and parents, and that it has parking and an established record of responsible management. Wayne Loban told commissioners the unit's long history of short-term use and demonstrated management record weighed in favor of approval.

Opposition came from at least one condominium owner who said the buildings provide long-term housing for graduate students and young professionals and urged the commission to protect those units. The HOA speaker said converting units risks loss of affordable long-term options in the area.

Commissioners debated whether a special-use permit should "run with the property" and whether conditions could limit future impacts; staff said code provisions generally regulate use and structure, not ownership, and that conditioning SUPs by owner is legally challenging. After an initial tie on a denial motion, the commission ultimately approved recommending the SUP by a 4-3 vote. The approval will be forwarded to the mayor and commission for final action.

The commission's recommendation does not bypass plan review or code compliance; the applicant will still need to comply with any tax and registration requirements and complete plan review steps if conditions apply.