Board of Zoning Appeals - Regular Meeting

And we have a discrepancy in one of the minutes from the previous meeting. Um, what is that item? It's the last item on page one. The last item on page one. We need to change it from will to will not allow him to manage his property property. And it was Vernon Winton Road instead of Vernon Walton Road. Yes, is Vernon Winton Road.

Do I hear a motion for the change of the previous minutes? So move, Mr. Chairman. Do I hear a second? I'll second. Motion's been made and seconded to for the change of the minutes of the previous meeting. All in favor say I. I. All opposed. All right. Next on the agenda will be approving the agenda. Do we need to add anything? Do I hear a motion to approve the agenda? I'll make the motion we approve the agenda. Motion's been made to approve. Do I hear a second? Second.

Been seconded. All in favor say I. I.

Opposed. Okay. Moving on to the meeting. Uh public comments will be taken at the at the end of the presentation of the item on the agenda. if we can well we will keep each person to three minute minimum um and we have to do that to pro proceed along with the business of the meeting if not we would be here all night I'm sure so um and if the item has already been presented that you're going to speak on just say I've already been spoke on behalf of this person that they said the exact same thing I said so that way we can proceed on with the business of the Thank you. Moving on. The first item on agenda, variance request 5 acre minimum in A1 689 Garner Road. Uh Jesse Garner. Is someone here to present that? Mr. Moore, if you would pres say your name and everything so it's on record.

Michael Moore, Morland Surveys McMinnville. um presenting a 5acre minimum lot size variance request on 689 Garner Road. Um we requesting this variance due to monetary hardship on behalf of Mr. Garner. Um some of you may or may not know Mr. Garner's house burnt down some years ago, four or five years, six years ago um on this property. Um he is not currently able to build that back. He's currently living in a camper um on the property. Um he would like to be able to sell some of that property and keep what he can afford to maintain. Um he would like to keep about two or three acres. It's kind of fenced in there with his house and yard. Um

how many acres in the total parcel? There's about 20 on that side of the road. Um, I'm actually here on behalf of Mark Meyers, um, well-known farmer here in the community. Um, he would like to buy the remaining balance of that property. Um, the 50 acres across the road was at one time Mr. Garners and Mr. Myers has purchased that from him. Mr. Mr. Gardner is still living.

Yes, he is. Yeah, he's living in a camper on the property right now. um he would like to be able to take the proceeds from selling some of his property to be able to do something more permanent there. Um either building back the house or fixing up another building. Um something more permanent. Um and like I say, Mr. Myers would like to buy that and keep that with the farmland he has already purchased. Um, so it would remain in it's heavily overgrown right now just due to the fact that he's unable to take care of it. Um, but obviously Mr. Myers could, you know, put that back into farm use. And I I think that's all I've got. I'll be happy to answer any questions y'all may have.

So it's this black section right here on this map that you're talking about that he approximate two to three acres. Um there are fence lines on either side of the yard currently. Um we're thinking about sticking pretty close to those. Maybe a couple hundred feet of road frontage. Um don't know where exactly we would cut it off in the back. He's got some buildings, barns, whatnot that he wants to keep. So we would need to clear those. Um but somewhere in the two to three acre ballpark is what we're thinking. Is that it? Down in the right hand corner. The property we're looking at is actually on the right hand side of the road on the other side of the road. Yes, sir.

Okay. The what you're looking at there is actually the 50 acres that's already been purchased right where the right there under the hand. Yeah. That's that's Mr. Garner's house or where his house was. And when did that when did that burn? I can't say for sure. I'm thinking 2018 2019 somewhere in there. It's been a while. He's been living in that camper. That camper. Yeah. What's this blue stand for on this? That's actually a wetland. The light blue. That's

pl. Okay. Okay. Will his house be able to fit on the property? Septic and everything. If it goes through that, is there enough room left in that property if he uh to stay outside the flood plane? going to stay outside the flood plane. So the house was according to this map um outside the flood plane. Okay. Yes. So if he chose chose to build back, you know, that'd stay in same place. Okay. If he chooses to improve one of the other buildings, they're outside of the flood plane, too. And it's an approximately two acres. You you have

I haven't surveyed it yet. No. Um like I say, I don't know exactly where we would cut it off in the back. Um, I'd say minimum two acres, but possibly three. Yeah, I would try to keep it at a minimum of two acres anyway. So that way he's got room. Okay. Especially being next to fun. And that's another reason we don't know where that's at. So it's hard to say what we would need to include with it, but definitely would need to include that. Okay. Is there any other questions for Mr. Moore?

So what is the road frontage on that I guess for the two acres? Do you know roughly or that he would have? So between current fences right now which is what we were looking at. Obviously hadn't been surveyed but we're thinking 180 200 feet something like that road frontage. Mhm. Yep. But you can kind of see the fence line on the north side there. If you were standing the road looking down the drive, it's a pretty defined line there. That's the fence line.

The fence on the right is over in the brush. You're not going to be able to see it on that map as well. Um, but that's kind of where we would be cutting off. Again, I don't know where that field line is. Obviously, south is going to be downhill. So if the field lines go that way, we may increase that. So then Mr. Myers would keep the rest of it in the agriculture. That's right. The farm. Y. Mr. Chairman, I think we need to I'd like to make a motion this be approved based on D3 with the justification. Okay. I'll second.

Motion's been made and properly seconded to approve. Um, is there anyone else that would like to speak on this particular item? Okay. See, seeing none on this um variance 5acre minimum at 689 Garner Road. Any other discussion between anybody? Seeing none, we'll proceed to vote. All in favor say I.

All opposed. It passes five to zero. Thank you, Michael. Moving on to the next item on the agenda, executive request for special exemption uh cemetery use expansion in the A1 zone. Is anyone here to present that? I thought Kevin Sy would be here to present this. Seeing that no one's here to present this, do I hear a motion to I'll make a motion to postpone it. Postpone it?

Yes. To So somebody else is here to make a motion? Yes. To table. Is that proper? Until Yeah. Until the next meeting. Yeah. or until somebody appropriately appears before the board. Yes, I need a second on that. I'll second. All in favor to table this say I. I opposed. This one's been tabled. Just one question about this is on 127, correct? Uh what the cemetery? Uh Hillsboro. Oh, it's on Asbury Hillsboro Road. What? It looks like Yeah, 127.

Yeah, I guess it is 127. If the if border is 127, I guess the road frontage would be 127. Okay, I guess that is. I thought it was off Asbury. It's right in front of the Hendrick.

Okay, moving the last item on our agenda. branch request 25 foot setbacks Pearls Branch Road uh Shady Grove Homes. Is someone here to present that? I'm uh Justin Cune here to represent Shady Grove Homes. Um this particular Well, we're asking for a uh variance for 25 foot setbacks. We purchased property in April of last year before the 5acre minimum. Um went through all the proper procedures to get this approved. Um it was approved on June 24th. Um since then we have went forward with developing it and um I guess when we went to get the building permits they said that we couldn't because they were 100 foot wide lots and now that they passed the 50 foot setbacks it won't work. Um I've got the plat here if y'all want to see it with all the signatures and everything. Okay. Just put it here.

All the way down through everyone on that 728 725 723. Okay. Since then, we have uh moved power. Um we have paid for a fire hydrant. Um got the water taps put in. We have septic permits. We are 100% ready to build.

Okay. So, it's is this this Feral Branch? Is this Frell's Loop and Feralanch right at the top of Hudoo Hill? Top of what? Hudoo Hill on McBride's branch. Yeah. How many How many acres is in this parcel?

Five. There's two separate parcels. One of them's three acres and one of them's two something acres. So, but it's a total of just over five acres. So, let me try to wrap my head around this. You bought the property prior to the five acre zoning, correct?

That's correct. you surveyed it and got all the signatures to subdivide this during before the uh zoning regulations was changed. So, we applied for the minor division ahead of time before the five acres passed. So, that made us eligible to be able to get it passed because it was all applied for before it passed. Okay. I think technically by the planning commission it was grandfathered in. Yeah, it's right.

It's it will be under that zoning ordinance at that time that it was went through the meeting on this acreage. Your you have in mind four home sites? Four. Yes, sir. What kind of homes? This has nothing to do with this, but what kind of homes will you be putting? They'll be 700 to 2,000 square foot in the 400 plus,000 range.

Okay. So it appears that all the work was done amendment passed June 10th which is after grandfathered in underneath the previous previous uh ordinances.

Yeah. You will be able to keep the setbacks 25 ft. Correct. Yes. In that ordinance, I've already uh bought house plans to fit that 50 foot wide or less house plans to fit on those properties because there was a big group that lobbyed to get the setbacks changed back to 50 feet. But you were you are grandfathered in as far as we can tell under this. Well, you are grandfathered in. We can tell um underneath that timeline.

Make a motion to approve. Do I hear a second? Yes. Yes, ma'am. But we got to have a motion on the floor. Motion's been made to approve this. Do I hear a Do I hear a second on this? I'm going to second it because we need to go over the law by what Sam sent. And that way everybody can have their turn to speak. Also, you're seconding this.

Yes, sir. Okay. Is there any more discuss or questions for Mr. Is it or Cune? Okay. I'm used to Okay. I apologize if I've mispronounced. All right. One day. Each of these proposed sites u have access to proper access to to roadways. Yes sir. Fiji foot.

Any other questions for me? Was there any um studies done for hydrants? You said you had a hydrant put in, right? Uh it's been paid for. It's not installed yet. What size? You know what size service line it has to be put on that? I don't know. Six maybe. I can't remember. Six big. It's right down Highway 280. So it should be a pretty good size line there. So he will meet the mile 70 mile distance from fire. Yeah, it it's like less than a quarter of a mile where it's going

and the service size. Any more questions for Mr. King? All right. I assume everyone wants to speak on this. I'll start if it's okay.

Yes, ma'am. My name is Sheri Ethridge and there are like a lot of people that want to talk tonight and with three minutes a piece most of everybody's agreed to let me talk except for one person does want to present something after me. I'll take just a little over three minutes maybe four but is that okay if if you can be I'm going to talk quick. Yes. Okay. I promise. First of all I want to give you guys these. Okay.

This is only petitions from our immediate area. not all over Beach Grove. And then next I would like to give to you this. This is from an adjoining property where Shady Grove Homes approached the owners asking to cut down one of their trees so they could move an electrical pole because Shady Grove's Homes told them they were going to build one home, which that's acceptable. They had no issue with that. Had they known it was going to be four homes, we wouldn't even be here today because electrical poles never would have been moved. So, just to give you guys a little history. So, the reason there's so many folks here tonight and you guys have sat up here and said he was grandfathered there. There's the issue right there. when property when the work started being done on the property, I myself started calling codes zoning the place down here and I was told not to worry, he has to be grandfathered in. Work continued. I kept calling, don't worry, he's wasting his money. He can only build two homes right there. And I kept calling and it's like he has installed four water meters. what is going on? And at that point, I talked to some man that's in that office. It wasn't Devon because Devon's very polite. One of the other two men politely told me that possibly they were running cattle on the property, which obviously was not true. So, when I received the letter from you guys on February 9th, dated February 1st, which was a week ago, this last Monday, is when I started making phone calls. So, I called the zoning board or committee, whatever they are, and I was told, "Oh, gee, we're sorry. We've been telling you

wrong." It's like, "You've been telling me wrong for four months. I mean, what's up with that?" I feel like I was truly truly misled. Our whole community has been misled with this. So, it was a June 24th commission meeting that Mr. was approved. The odd thing was though is he was never on the agenda. So we had no idea, but he was approved on the agenda. And to me during that meeting it did seem like he was being grandfathered in. But why weren't any of us attached to this property even notified? I mean no something has not been right with this whole thing. So for us, Mr. purchased the property on May 20 or excuse me, April 29th and it was May 27th that the 50-foot ordinance was placed. It appears to me, and I could be wrong, but it appears to me that before he ever owned the property, the survey was completed and the perk test was done. Mr. Vaughn, the previous owner, did not do it. Mr. did. And I understand from what Mayor Hunt and I spoke that if Mr. Vaugh would have done it, those things would have followed the property. But he was trying to get in under the wire here to get this property approved. So from what I have read with minor developments, Coffee County has established specific road and infrastructure requirements. One of those things is the road that's there should be 20 feet wide. Our road is 17 feet. I've got a little teeny car. When you're on that road, I mean, you're squished to the side to get by. So, our

road is not big enough. So, why it was approved because it did not meet all the qualifications. I don't know. Ma'am, your your time's okay. But I'm trying to hurry. Do you want me to have somebody else finish, though, or would you like me to finish? I'd like for someone else to finish if you can. No, it's okay. Right here.

Okay. The process aimed to ensure that smaller land divisions maintain the rural character of the area. Uh Coffee County Planning voted on May 20th, 2025, which include the designated foot setbacks. Per Mayor Hunt, at the time of getting getting the building permit, those were the variances. The move was prompted by concerns from local fire departments about fire risk leading to a decision to standardize the 50 foot 50 foot 50-foot rule to ensure adequate distance between structures. Before this May 2025 change, regulations sometimes allowed 25 foot rear side setbacks if fireflow requirements were met at required 50-oot sex setbacks. The this decision should be about keeping folks safe. In Tennessee, including areas like Beach Grove, p public water systems with fire hydrants are generally required to provide a minimum of 500 gallons per minute at 20 pounds per square inch. West Warren will not guarantee this. Um, there was a video from the fire chief talking about that.

That was me. Okay. The property is unusable. If that the property would be deemed unusable if that is not which is able developers taking financial risk on land purchases before before zoning decisions are finalized do so at their own risk. that cannot and should not be used retroactively to justify exceptions. If exceptions begin to be made simply because someone hoped to build more and now stands to make less, we undermine the entire intent of zoning law and planning policy. We urge you to remain consistent and grounded in both the law and the public interest. Upholding the integrity of A1 zoning is not just about protecting farmland. It's about applying the rules fairly and resisting pressure to grant variances. is based on business disappointment. No one is entitled to a variance simply because they plan to make more money. It's time to start expecting more from the people who profit off the land, especially when they need favors from the county to reszone property that impacts everyone around them. I would just ask that we keep rural Coffee County, rural Coffee County.

Thank you. Anyone else would like to speak? Yes, sir.

Let me start off by saying I understand the grand say your name, sir. I apologize. Josh Moon. Okay. I live on Cole Ridge Road. I understand the grandfather clause, but I still would like to make a few statements if I may. Okay. I'd like to ask a question to anybody in the room. What was the intent of the fiveacre rule to begin with? The intent with the five acre rule, Yes, sir. was to allow subdivisions to cease until we got proper infrastructure in the area. Once proper infrastructure in the area comes, probably the five acre rule will go away.

Yeah. Uh let me read what Coffee County had to say about it. It says it mandates that any property zoned A1 agricultural forestry must have a minimum lot size of 5 acres for development or subdivision outside municipal urban growth boundaries. This is regul this regulation was implemented to preserve farmland, maintain rural character and prevent speculative subdivision that could fragment the land. I understand that right there. If variances and reszonings are continued to be given out to contractors, to these developers, then what is the point of this at all? It goes totally against this

planning commission minutes from June 24th, 2025. Second from the bottom point, minor final Frell's Branch Road map and parcel number. Justin Cune Nicholas Northcut presented this four lot division meeting all requirements. Ronnie Duncan made a motion to approve, seconded by Sammy Anderson. Motion passed 5 to one with one abstaining. The commission minutes from August 26th, 2025. Second page. A subdivision of land into four or fewer parcels of less than five acres in the A1 district may be permitted by the board of zoning appeals as a special question subject to the following conditions. Specifically, condition number two, the subdivision shall be compatible with the character and density of surrounding properties and shall not create a pattern of development that is inconsistent with the adopted land use plan or zoning intent. Do you have a date on that?

August 25th, 2025. Okay. Planning Commission minutes. Okay.

I know we have the parcel up there on the on the map. And I don't know if you all have actually been out there and seen it with your own eyes, see the lay of the land. I made this earlier today just to kind of give some reference from our perspective. That's the land that we see on the screen, right? The blue rectangle box that I created is a rough, and I emphasize rough estimate of where the houses will go. Four houses on 1.23 acres. Four houses on that smaller plot is unacceptable. That's just my my thoughts on that. And nobody here is going to convince me otherwise that four houses need to be on that property other than the reason for greed.

Thank you. Thank you. I'm going to ask Miss Gonzalez to read something out of our the reason we have these hearings and we've already got a motion on the floor and seconded that this was grandfathered in. That's the motion. and it's not been voted on, but this is this may enlighten you why we are here doing this. Um, so I'm gonna let Miss Gonzalez that if you don't mind Yes.

Upon a receipt of an application and fee, the board shall hold a hearing to decide whether a variance to the resolution provisions is in fact necessary to relieve unnecessary hardships. act to deprive the property owner of reasonable use of his land. The board shall consider and decide all applications for variances within 30 days of such hearing in accordance with the standards provided below.

Okay. Thank you. The reason I had her to read it so it's not me dictating the the meeting. Um that's why the board zone appeals has been established. There are lots out there that were made in certain zoning areas and while certain zones zoning resolutions have been passed because everyone in here I'm sure owns land if you fell under the previous zoning ordinance you should be able to you stay in that previous zoning ordinance unless you want to divide it. Um, it's my feeling. Now, do I agree with it or disagree with it? I cannot My feelings can't be in this. But as far as I'm concerned, Mr. has every right. He had he fell in that zoting ordinance dates at that time and we have in my opinion I have to vote for it because that reason because that's when the zoning ordinance allowed it. It got changed for two years and there was several pieces of property that got done this way more than just this one and um we've heard several of them. Um, that's my feelings.

Does anyone else have anything else to add? Can I reiterate something? Yes, sir. Is that okay? Yes, sir. Does he meet the road frontage minimum requirements to build four homes? If he has 50 foot road access to that property, that's 50 time four, sir. And that doesn't include the setbacks. his last property once he builds it, he'll have 32 feet to require 100 on 50 on both sides. That's all he's got left. Okay. I I'm I'm not that I understand, but I'm just asking abide by the law.

What we're doing is allowing this gentleman to use his property. It's not the codes department will take care of the setbacks. All we're doing is allowing him a variance at that time for to use of his property. Sir, even with the 25 foot varian, he does not have the road or the footage from point A to point B to build four homes. Right. He is required 50T with each but we don't enforce that. That's the thing. So, we can't vote on it if it's not part of our

Does his Does his property attach to two roads to two roads? Yes, sir. No, sir. It does not. It connects. It connects McBride branch cold bridge. So, my property is on the very back side of his property and I go from point A to point B. You give him a 25 foot bearing from set back on the back side of that property. If he has a fire and he sets my woods on fire, there is no way God or you going to put it out before it hits my house. I understand. I hope you do.

I do. I very much do. Is there anyone else would like to speak? Can I ask how we're getting around number two that I presented from the minutes from August 26 just so I understand it?

His application was in June of 10th. Let's see. Uh, no, no, no, no, no. I said that wrong. Uh, his application was April 23rd, right? April No. April 28th. April 28th. 29th was when his

was when his uh application was submitted. the day that he is does an application is the day that he gets those um codes. But am I correct?

Now, building building permit, the day you go to get your building permit, and again, this is Mayor just the other day. Okay. The day you go to get your permit, those are the variances that you have to You have to abide by those are the setbacks, excuse me, that you have to abide by and obviously that's why we're here because he has to ask for that marriage. You guys don't have to grant that. I don't think anybody here is against him building two homes. Not at all. Go for it. Build two homes and have a nice life. I'm against him cluttering up that property and putting me in danger if something catches on fire.

And I think we need to understand this is about people's safety, not just ours that are up there, all of us. It's about these new homeowners. You put those houses 25 ft apart. That's not fair to them either. We are a rural community. Yes, ma'am. I mean, that's just awful.

I do understand. And believe it or not, we all live in this community. I want to read this right here because this is this is from the attorney that Sam Edwards, he is the attorney for us. He's attorney for the planning commission. This guy is the guy who trains us. He knows the law. And the state of Tennessee, it says as to the vesting, the general assembly made a significant change in the previous law stated the vesting was established when there was an approval of the development. Now the statute has changed. It is when there is a submission to the local government of the development plan. And to me his minor development plan was turned in on April the 23rd.

And this is state law. April the 23rd. He didn't own the properties 29th. Well, I have who wrote this one? 28th.

April the 29th. Okay. Preliminary PDF submitted by surveyor. It goes on to state that uh let's see uh this is TCA code. It goes on to state that this is the date an applicant submits to a local government a complete application for approval. It says the question in my mind is one of not answered by the uh amendment is who determines when a complete application is filed. Generally speaking, the staff of the planning commission reviews and makes recommendations to the planning commission on development proposals and the ultimate decision on approval is only with the planning commission. There is an exception to this where the staff has been granted the approval power for submission of 25 or less lots. Therefore, uh will uh will the planning commission make the determination? It is a complete application since they have the ultimate power to make such a determination. And I believe the answer to this question will have to come either from the general assembly or the courts. This new provision on vesting are found in public chapters 440 and 465. And to me that when they accepted his thing on April the 29th that shows when it it carried with it.

But if it the variances is what you're Yes ma'am. But then if the variances carried with it then why are we even here tonight? obviously didn't fall within that. He didn't even need to be in front of you guys, right? If you go by that, he didn't need to come in, right? He was grandfathered to grandfathered to me. But grandfathered is a term that everybody's using, but if he was grandfathered in, why were none of us notified? I mean, that's an issue in itself. You were not notified back in 2025. The first letter I ever got was from you. That would be from the office. I understand. Yeah. Another thing is is it legally binding until he registered his deed? The deed which has never been registered

to this day. To this day it's not on the books. Why?

Never been registered. It's still showing as two plots. If you check with the registered office and some documents still show it up. So just to be clear, if the variances were grandfathered, then the decision of law. Yes, sir.

If they weren't, then the decision would be based off your opinion, based on the evidence. Say that again. If the variances were not grandfather meaning yes he needs to be here to try to get a variance for that 25 then that's y'all's opinion the decision yes yes thank you yeah all the new ones that come through we get to decide but when it's grandfathered in you know it's we don't get much of a choice

I understand grandfather it's legal legal you got to go by the law it's not because we need to still find out that part and the reason for the variance is for reasonable use of his land. That's why I had Miss Anna read that for his property. Now, we're also held to, you know, we come in and we don't know anything about the property or outside of the room. So if there's something that's presented to us that is incorrect, you know, that's something we didn't know in the room, then, you know, it's open for discussion. But the properties have not reported that survey that was

the the surveys and the zoning the uh planning commission when they approve it is what that is what we have to approve by. You have anything to add, Mr. D? I'll say this. If you have a if you think there is a lot out there that does not meet the setbacks that were granted towards this piece of property, I would call Kurt and have him come show you.

The people that didn't call us ever told me for six months. Yes, ma'am. Understand. That's kind of hard to trust people when they've misled you for so long. And the mayor himself told her on the phone conversation that the day you apply for your building permit set 50 ft. It's 50 ft. Nothing to do with it's not it's not gray area. It's cut and dry. But we deal with the land not building permit. I understand that what the mayor of this city said. Don't they go hand in hand?

I do understand that everybody has to work together to come up to make it work. And if one's not talking to the other, then that creates even a bigger problem. Yes, ma'am. Any other discussion?

I would like to say something. I don't have anything technical or legal to add, but I am a member of the Beach Grove community. I live right off Frell's branch. My name is Terry Gray. I live on Jacob's Hollow. We have We moved there for a reason, you know, because it was just so and all the openness and the land and it's not even even if you have a variance for five acres. There's a difference as this one gentleman said of like putting like four houses side by side squished together in one acre of that land, not really using the land around you. I mean, we're blessed to have 19 acres and we don't intend to cut it up and sell it off. We're just we're just grateful to live where we do and in the type of community that we do and we know each other and um I saw Roseanne over here and you know you people stop on the road and say hello. It just I don't have anything legal or technical to add just say we like our

and our community to stay rural.

Thank you. Oh, Sammy, I'd like to iterate something to u everybody in attendance. This board is a judiciary type board. Uh we don't work for anyone uh the mayor. We don't work for zoning. uh we don't we're a complete separate judiciary board uh that thinks independently from everybody else. The only thing that we go by is the material presented in front of us and the laws and reg and the ordinances that we have uh that's that's it pertains to each property during the time we're doing it. Um we all like he said we all live in this community. We all matter of fact if you ask our personal feelings outside of this we'll tell you pretty strictly how we feel about a lot of this. Um, and I don't I think that's pretty much the entire board, but at the same time, you're you're also uh handcuffed to what's on the papers and what the ordinances and what the regulations were at the time. And I think that's the problem we're having right now. We really understand what you're saying. And personally, I agree with what you're saying. I think the problem is is we're tied to what we we have to look at here and and the evidence that we have. Um

I just don't understand I can understand that too. Yeah, I understand. It's just it's just what everything didn't get changed fast enough or early enough for this to all be crystal clear. This was a gray area and that's why we're struggling with it too because you see we're struggling with this, right? There shouldn't be any gray area.

There shouldn't be but there was. I know there should not be but there was. Um so and that's why we're trying to look at the timelines of everything to make sure this falls within that you know gray area that we are stuck with. Um, and also we have to make sure we make the right decisions with this because ultimately the only only way to arbitrate this is to go to court. Our decision is not like these other departments here. Um, that's why I said we're a judiciary board. We don't ours our opinion is kind of final unless you want to go to appeals court. Um, and that's what I want to make sure everybody understands that this is not a we're there's no favoritism here. I promise you I know all these people very well.

And do the math and add the 50 and there is not enough land fell and ladies it's not there and I can't do anything about that that that will be determined by the s that needs to be taken into consideration before you grant this immediately goes out and starts digging land. Well, he still has to get all of his permits, which there again should have. So, he should abide by the 50 foot. I understand. I mean, we're right back where we started. I mean, the 50 foot bearings wasn't I don't think was a being grandfathered in

and I have nothing against, believe me, I have nothing against this gentleman. I don't I've talked to him personally when he started his and he told us he didn't He could get grandfathered in and if he couldn't, he built one house. One house period and now all of a sudden we turn around and he wants four.

But again, it's like right now it's when you get your building permit. It wasn't when you got your building permit in the past. I don't know. But if it's always I mean this group of people haven't at least postponed until you can further look at it. I don't know what else can be done. I really don't Any other discussion amongst the board?

You good?

Everything that I mean If he doesn't have the proper setbacks, Kurt would cut that off. Do what? If he does not have the proper setbacks, Kurt should cut that off. Yes, that should come through Kurt's office there, the zoning office or the road being also. I don't know if they passed the road being big enough. I know it was talked about

Tennessee state laws have to meet minimum requirements that are different from building one home. So therefore he has to have a minimum 20 foot wide road in front of that property and that is asphalt to asphalt. That is not gravel to gravel or ditch to ditch. That is asphalt sir. And we have 17 in one spot 16 and a half in another. And Mine go ridge the widest point I can find anywhere is 18. I understand. Yes. He drives a bus down at every understand. And I have I have traveled the road many of times. You are also for law required at your intersectional right.

Rightway. Yes sir. Right away. Yes sir. I have a question. We need to be educated here. The other community wasn't that going on. Is that normal or notified? Nobody's notified. I do know I do I can't speak for the planning commission Tim. Do you know that if they um but I do know

they are supposed to be sent out to adjoining properties. I have a lot mailbox. It's not like somebody could speak. Yeah. I mean I have but that would be the planning commission and not us. Yeah. The other meeting was the planning commission not this. And I have six property owners. I don't have their name. Do have uh Miss Ethridge or Ethridge, Matthysse, Corette, Anderson, Cheryl, Pack, Lauren, and Roseanne.

It should be Joseph and anybody within 300 that property. Well, I believe the way that's I mean we should have had an opportunity to those six people were supposed to been notified. So, do we need to go back and file a complaint then I guess about that? I guess that that would be that that's out of our control. the way.

So the only thing I can tell you that if the road any kind of issues with that that is planning commission issue and Not sure why you didn't get the notices, but you can definitely check with Kurt and that'd be your best place to start. But they could go in front of the if there's another hearing on the planning commission, they could go speak at that meeting and reference to that too. Yeah, you'll have to sign in. I mean that's so then can you postpone your decision until they have an opportunity to

they'll still have to go and and you know get the uh plats approved and all that. So they'll have a pre preliminary and then final and that's when you present your issues about the land why it wouldn't work and we're I'm on the planning commission but that's a separate issue. So you you could you know, if you present that to the board, then that board has the authority to, you know, if there's like you're talking about the setback, water, fire flow, anything, that's who decides those issues. So, you would need to have facts that they're looking for to present why he cannot do that at those meetings. And on your postpone um in prior training, we've never had this happen in Coffee County, but in prior training, um an instance, it was postponed. And if it does not if we do not have a positive one way or the other vote on this, u within 30 days, it's granted. So, we have to have a vote one way or the other. And let me read you one more thing that what we have to have for a legitimate postponement. The record's incomplete. It's not incomplete. We need to verify legal dates. We don't need to verify dates. We have them in front of us about the property. There's confusion about application completeness. We don't have any of that. And the applicant requests more time. So, with all those that I've just read to you, there's nothing that applies to this application. And that's what we have. We have to have at least one or two to be able to postpone it.

Question.

How can we guarantee that we will be informed this time? Well, for one, I would just, you know, if you're concerned about the missing it, just keep up with the board meetings that

I'm not sure. It's hard to keep up with stuff when nobody's they have to announce when the meetings are and I'm sure that if you were to call the codes office they would tell you what meeting the day they're going to have. Uh they have to be scheduled and it has to be printed in the paper. Correct. Right. the pages that nobody reads in the newspaper is is where it is written. It's online

because it has to be a publicly notified notification. Any other anything else? Are we ready to vote? Did we Did he tell us the width of the locks? I didn't must have slipped. You have Justin? All right.

100 foot. reasons along the wasn't.

This is beautiful. No, I'm I'm fine. Thank you're looking at a very small version of it. If you want this,

ma'am, I want to see what that said. Grand Oh, it has a break there. have a little overre.

So that allows you 50 foot wide for the house basically. Then you're making a wall in narrow back, right? Okay. 37.

You feel this? Yes. Thank you.

Anything else? Call for the question.

Question has been called proceed to vote. Motion's been made by Anna and seconded by Tim uh to allow the these varants. All in favor say I. I. I. All opposed. It passes. Anything else on the we need to bring up. Seeing none. Motion to adjurnn. So moved.

Motion been made. Second. Second. Second. All in favor say I. I. Meetings. Meetings. All right. I got next door. And uh I'm sorry. Turn your microphone off. I did have one. Didn't must not have because I don't have it on the agenda at all. Uh if you look okay go to uh Coff County Tennessee agenda. If you do that I can show you right here. Let's see if you look up here.