Board of Zoning Appeals nixes condo complex

Thomas Fraser

The Maryville Board of Zoning Appeals on Thursday refused to allow Keith McCord, local attorney and father of state Rep. Joe McCord, to develop a 76-unit condominium complex on Carpenters Grade Road adjacent to Cross Creek subdivision.

The decision to deny McCord's request for a special exception, required to develop townhouses in the city's residential zones, came after a number of residents in the upscale Cross Creek subdivision -- also developed by McCord -- spoke against the proposal. Members of the large audience, unusual for a city Board of Zoning Appeals meeting, cited concerns ranging from air pollution and increased traffic to diminished property values and the development's potential effect on area schools.

The board's decision came despite a conclusion by city planner Scott Poland that the townhouse development would not adversely affect adjacent properties.

"This type of development is the most compatible and best use of the property," said McCord, citing the location's topographical limitations on additional single-family home construction. A potential contractor in attendance -- McCord said the proposal was still in the concept phase -- said the townhouses would be constructed of high-quality materials and carry significant deed restrictions.

But several Cross Creek residents complained that when they bought homes in the subdivision they did so with the belief the character of the immediate neighborhood would not change.

"I say the townhouse project is not in conformity with the land use when I bought my house," said Cross Creek Drive resident Carl Eppolito. "Not having townhouses makes Cross Creek a distinctive neighborhood."

McCord argued that the parcel in question was technically not part of the multi-phased Cross Creek subdivision, but board Chairman Fred Metz produced Cross Creek Inc.'s original concept plan for the property, which included the 17-acre tract in question. There was, Metz said, "no mention of attached houses at that time." He frowned on what he termed McCord's "after-the-fact" attempt to incorporate townhouses into the plat, and moved for denial. His motion passed.

"We've met every requirement of the special-exception requirements of the board," McCord said. Poland alluded to the possibility of a lawsuit from either side of the issue at the onset of the meeting.

After the board's motion to deny Cross Creek Inc.'s special exception request, McCord said he was uncertain his next step.

"I don't make those decisions that quickly," he said.

In other BZA action Thursday, the board voted to allow a special exception sought by developer Darrell Tipton for a 40-acre duplex development along Sevierville Road adjacent to Asbury Acres.

Tipton said the development would cater to elderly residents and be a "quasi-partnership" with Asbury Acres retirement center, which could provide food and nursing care to the development's residents.

Nearby residents voiced opposition based on issues of traffic and property values, but the request passed.

The only issue at hand was whether the housing units would be "joined or separated. If we say no, there are still 206 lots platted here," Metz said.

Also Thursday, the BZA approved Wal-Mart Inc.'s request to increase the height of light poles at its planned U.S. 411 site to 42 feet from the regulation height of 30 feet.

The variance was granted with the stipulation that light poles to the side and rear of the store must adhere to city regulations to protect nearby residential areas from light pollution.