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May 16, 2012

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Tusculum Discusses 'End Point' On Permits

Originally published: 2012-01-16 10:49:06
Last modified: 2012-01-16 10:53:05
 


BY KEN LITTLE

STAFF WRITER

Once building permits are issued by the City of Tusculum, nothing can be done to ensure that the work is completed.

The result could be properties blighted with half-completed buildings or abandoned projects.

The Tusculum Planning Commission on Monday night discussed what can be done to put some bite into city building permits.

Mayor John Foster, a planning commission member, cited the example of a building permit issued more than two years ago for a double-wide mobile home on Cumberland Drive.

Work was initially done at the site, but recently "it's just sitting there," Foster said.

There was no response to a letter in September to the building permit-holders, he said.

Building permits issued by the city say that construction or placement must begin within six months or the permit expires.

But if someone turns a shovel of dirt or does other minor work within the six-month period, the permit remains valid.

"It can literally hang on forever," Foster said. "It just bugs me."

NO 'END POINT'

Glenn Rosenoff, of the First Tennessee Development District, serves as city planner.

Rosenoff said he researched Tusculum's ordinances and codes and found that the city "does not have an end point" with building permits.

"What Tusculum must figure out is what is a reasonable amount of time," Rosenoff said.

"Tusculum would need to add language [that says] if you do not continue work, then you're in violation and it's revoked," Rosenoff said.

Fines could range between $2 and $50 a day per violation, officials said.

A hardship clause should be considered as part of any law, said Warren Dickert, commission vice chairman.

"The state and the county has a part in [that] -- who would determine the hardship," Rosenoff said.

An ordinance would also define what "completion of work" means. Other municipalities have requirements written in that work must start within six months.

"It's not inherent in the permit, but it's not a forever permit," Rosenoff said.

Rosenoff will study municipalities with similar building permit ordinances and come back with recommendations.

"There needs to be some remedy where the neighbors or community don't have to take responsibility with this thing," Foster said.

"This is something we feel like on the board should be clarified in zoning regulations. We want to be fair, but there needs to be a conclusion somewhere," he added.

OTHER BUSINESS

The planning commission also recommended final plat approval of lots 3 and 4 of the Cox, Speroulos and Grace subdivision on East Andrew Johnson Highway.

The property borders the City of Tusculum and the Town of Greeneville.

Rosenoff said a slight change in the access easement to the property allowing for a wider entrance area is necessary to meet Tennessee Department of Transportation requirements.

A zoning change approved last year by the Tusculum Board of Mayor and Commissioners cleared the way for retail business development on the property, located east of the Dairy Queen location.

Planning commission members also discussed continuing education for 2012.

Commissioners are required to complete four hours of training each year.

Training this year may be concentrated in the area of variance requests and zoning appeals.

Rosenoff said he will organize a training session that could include planning officials from other municipalities.

 

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