John Coffelt, Editor

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 in the A-1 agricultural district.

The commission approved two definitions clarifying the terms “variance” as the same as “special question,” then laid out a list of seven conditions that would govern those special questions when landowners brought requests to subdivide their property in to parcels smaller than five acres in agricultural districts.

Those divisions must meet minimum setbacks and road frontage regulations, be compatible with the surrounding area, must have access to a public street or private drive, must be designed to preserve the rural or agricultural character of the area.

The proposed additions restrict the Board of Zoning Appeals from approving variances for divisions that increase traffic to a level that creates safety concerns, create additional flooding or erosion or negatively affect neighboring property values.

The dissenting vote came from Planning Member Rodney Duncan who said the language in the document was too vague.

“I feel like any law should be black and white. We’re not here to interpret laws,” Duncan said.

Chairman of the BZA Sammy Morton, however, said that a key issue in zoning maters is that “monetary values cannot be taken into consideration by the planning commission nor the BZA.”

“Every time we’ve has someone present on behalf of the presenters, the first thing (said) is we’ve spent this much money or this is going to affect my heirs this much,” Morton said.  

 “The Planning Commission should decide what is the best use of that land, under the law that is written,” Morton said. “If you go specific then you’re going to eliminate as much as you’re going to help. A little vagueness to allow interpretation is a positive.”

Duncan had particular issue with the second provision of the line restricting a negative impact on property values, namely the prevision that a division that negatively affects the peaceful enjoyment of neighboring property.

Chairman of Planning Steve Cunningham said property values cannot be assessed with certainty until after the project is complete.

The proposed changes will likely go before the full County Commission for approval at the October meeting. 

Family member carve-out provision

The Planning Commission also outlined 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 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,” Planning Chairman Steve Cunningham said. “Whether we need to have that family variance spelled out like we were talking…that’s going to come later.”

While the commission will discuss the family variance during upcoming meetings, it did float the idea of 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 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.  

Planning Member Randy Harrell said 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.

Duncan added those making the request should be required to prove their lineage to the divider.

“We’re obviously not wanting people in A-1 and trying to push them towards the city, and that’s great,” he said. “If we’re not going to be building out there, and are pushing them towards the cities…we need to make the areas closer to the city… I would like us to allow 25-foot easements in the urban growth boundaries at the next meeting (rather than 50 foot).”

“I’m just trying to shift people being able to get houses from one spot to another,” Duncan 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.