John Coffelt, Editor

After a heated discussion, the Coffee County Board of Zoning Appeals narrowly approved a variance that will allow Evans Lumber to build a dowel plant on an existing heavy concrete slab located on the New Tullahoma Highway.

Those dowels will be shipped to Houston, Texas where they will be milled by the second largest manufacturer of drumsticks in the world, Pro-Mark.  

Sawmill owner Johnny Evans asked the board for the variance, basically an exception to a zoning ordinance. In this case the variance request was for exemption from the required 50 foot setback.

The slap, made of 12-inch thick, rebar reinforced concrete is too close to the property line along the highway, according to county zoning ordinances, to build on. Back when it was laid, it either predated the county codes (enacted in 2001) or fit within the setbacks.

That portion of the highway recently saw the construction of a TDOT turnaround, and the expansion of state right of ways.  According to county property viewer imagery, the state’s right away extends about 65 feet from the shoulder of the road. From there, Evan’s property line sits 30 feet from the slab. 

Evans called the decision common sense. Several on the board disagreed, strenuously.   

Drumming up a lively discussion

Chairman of the BZA Kevin Sipe, citing the opinion of the CTAS training attorney, noted that variances should not be granted for the mere convenience or cost savings of the person asking for the request.

Zoning ordinances are passed and followed by intention. Exceptions should only be granted with good reason. Decisions by the BZA are the final word in their jurisdiction. Barring an annexation that would place the property under the authority of the Manchester BZA, the board’s decisions can only be overturned by a court ruling.  

“What gives us the authority to grant it besides financial reasons… where he can build it somewhere else on the property?” Sipe asked.

The opinion by Sam Edwards, Tennessee codes expert and CTAS lawyer, as quoted by Sipe, said that approving the variance would open it to challenges in the courts.   

Sipe reiterated the opinion that “no variance can be granted because of manmade conditions.”

“This is a financial reason—you can build this somewhere else on the property,” Sipe said.

“—this ain’t a financial reason,” Evans responded. “This is a common sense reason.”

Sipe cut in “—if you don’t want to answer the question; it will be cheaper for you to build it on this existing slab. Can you build it somewhere else on this property? Let me ask that question?”

“Not and fit everything we need in there—” Evans answered.

“—In the future? Everybody has that problem wherever they’re at,” Sipe said.     

Hitting a lick with the board

Evans’ intent to build a 60×100 foot, “red iron” building for the dowel plant resonated with the majority of the board. They mostly indicated that the uniqueness of the situation warranted a variance.

“This company came to us wanting to quadruple its production,” Evans said. “All I’m asking is to put the building on the existing pad that’s there since at least 2000.”

He said that within two years, the company Pro-Mark (who supplied sticks for bands that range from Slipknot to Genesis) could relocate to Middle Tennessee.

“Everything we do is out of hickory. There’s no hickory in Texas,” Evans said. 

Commissioner and BZA member Dennis Hunt called it a common sense matter.

“This concrete pad was put there for a building. It’s commercial. It’s going to generate jobs…going to generate property taxes that it’s not (generating) right now. It’s a no-brainer,” Hunt said.

Hunt said that all of Edwards’ zoning opinions also come with the caveat “It’s your county; it’s your zoning,” you have to do what works for you.

Polled by Hunt on the matter, County Attorney Ed North said that the board would likely be safe from challenge in this instance regardless of the outcome. He said basically that the purpose committees serve is to deliberate the nuance of the application of resolutions and ordinances.

“I think that you all are operating under the law. I think that is why zoning is here. That’s why committees are here because we talk about this stuff. That’s what we’re doing,” North said.

Were it a building, the zoning would allow for it to be grandfathered in, but the debate was if the slab was substantial enough of an existing construction to fall under the grandfathering principle.

Evans felt it would, he said that the intent of the slab was for a building that was started but never finished.

“If it was an existing building there, I wouldn’t need to be here,” he said. “All I’m trying to do is finish what was started.”

BZA member Tim Morris said that the development has the potential to bring a lot of benefit to the county.   

“Had the state not come through and grabbed more land, he would have been perfect anyway,” Morris said.

The final drumbeat

The final word in the debate came from BZA Member Lowell Duke who said that the board should approve the matter.

“I don’t know if that’s what we ought to do, but I know in my heart as one individual, there are some unknowns on both sides of the creek. But I’m going to vote for this,” Duke said.

The motion to grant the variance was made by Hunt, seconded by Morris. The vote split 3-2 with Sammy Morton and Sipe voting no.

 “It will be pretty neat to have the largest drumstick manufacturer in the world made right here in Manchester,” Evans said. 

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.