County Planning tweaks language of proposed variance provision
John Coffelt, Editor
The Coffee County Planning Commission revised during the Sept. 24 meeting parts of a recommended zoning amendment that if approved by the Full County Commission would give guidance to the Board of Zoning Appeals on granting certain variances.
Coffee County Planning Commission recommended by a 4-1 vote during the Aug. 26 meeting changes in the county zoning resolutions to better define conditions to grant variances for minor subdivisions (fewer than four divisions) in the A-1 agricultural district.
On Sept. 24, County Mayor Dennis Hunt and Amanda Harrington with Rhinehart Consulting Service suggested to the commission edits to clean up the language of the proposed resolution that included removing a paragraph concerning the flow of development related requests through committees.
The commission also removed a subsection that pertained to considering property values and peaceful use of properties.
Harrington advised against language that included the consideration of property values. How a development would affect property values would mostly be based on the speculation of the people involved, unless the BZA required a property value assessment, according to Harrington.
The peaceful use of property provision was struck from the document along with property value language.
The paragraph requiring review by the Planning Commission if applicable was removed to say simply that all subdivisions must meet all planning regulations.
Overall, the checklist advises matters like compatibility with neighboring properties, whether the division would maintain the rural character of the neighborhood and if it would have adequate access and infrastructure.
Separate Family Variance resolution withers
The Planning Commission reversed course on its intent to recommend the family variance amendment from what was discussed during the Aug. 24 meeting.
Chairman Steve Cunningham said during the Sept. 23 meeting that the Board of Zoning Appeals has been passing variances for family without the provision.
“If we limit it to just a family variance, then if there were some other situation that came up then the (BZA) would be free to make that decision,” Cunningham said.
Planning Member Randy Harrell said the variance covers family also.
“If you have an immediate family member that goes in and asks for a variance, it would cover it,” he said.
The agenda item died from lack of motion.
“I don’t think we need to vote on that…,” Cunningham said. “It will be in the minutes to leave things as they are.”
Planning Commission, however, had outlined earlier this month some of the preliminaries for the family variance to allow those in the A-1 agricultural district a way to divide smaller than five-acre tracts for family members.
The committee discussed on Aug. 24 ways that the provision could be worded to prevent sale of property to non-family members or the property being sold to developers.
“If you can’t give your son or daughter an acre or two of land, that’s wrong,” Cunningham said. “Whether we need to have that family variance spelled out like we were talking…that’s going to come later.”
Other ideas floated included having a time limit included that would limit the number of variances that could be requested in a certain number of years or a provision to limit one variance per child.
Duncan read an example of a variance that allowed for nonfamily members with a five-10-year restriction on further divisions of the original acreage.
“No subdivision guy is going to build a house every five years; he’d go broke,” Duncan said.
Harrell said on Aug. 26 that the variance should only be for direct lineage.
“If you just say family variance, what’s to stop me from coming in with my third cousin,” Harrell asked.
When Cunningham polled the members present, no one voiced interest in the family division resolution.
John has been with the Manchester Times since May 2011. John has won Tennessee Press Association awards for Best News Photo and placed in numerous other categories. John is a 1994 graduate of Tullahoma High School, a graduate of Motlow State Community College and earned a Bachelor of Arts in English from Middle Tennessee State University. He lives in Tullahoma, enjoys painting, dancing and exploring the outdoors.
