by Leslie Lytle, Messenger Staff Writer

At the Oct. 7 meeting, the Monteagle Planning Commission grappled with whether ordinance required a site plan for a deck, language causing misinterpretation of ordinance governing fencing, and if final approval was ever given for the site plan for the convenience market under construction next to the Piggly Wiggly. The commission approved site plans for a Dollar General and a new subdivision.

“Development or redevelopment of commercial or industrial property requires a site plan,” said town planner Jonathan Rush framing the question about the wooden platform Deborah Reed wants to construct outside the building at 202 East Main St., to accommodate outdoor dining at the Mexican restaurant she hopes to open this fall. “What does redevelopment mean?” Rush asked, noting ordinance did not define the term.

“No utilities are impacted. No structure is going to be on it. If it’s non-interfering with any other ordinance, I don’t see why the building inspector can’t approve,” said Mayor Greg Maloof.

“I didn’t treat as an accessory structure,” said Building inspector Travis Lawyer. An accessory structure would require a site plan. Lawyer referred to the platform as a “boardwalk.”

Alderman Nate Wilson cited ordinance, pointing out a deck was not considered “an accessory structure,” but rather “part of the landscaping.”

The commission concluded the improvement at the East Main property fell under the provisions governing decks and voted to defer all decisions on decks to the building inspector.

Taking up the ordinance governing fencing, Commissioner Alec Mosley cited contradictory language stipulating a residential fence “have minimum opacity of 50 percent,” when opacity means “having no visibility.” “That would mean every split-rail fence in this town is probably illegal,” Mosley said. “Probably the intent [of the rule] is 50 percent transparency.”

Wilson observed four ordinance references to fencing were “backwards” in use of the word “opacity,” calling for more or less visibility, likely with the opposite intent. The commission vote to change the four “opacity” references to “transparency” and asked Rush to draft an ordinance amendment reflecting the change to present to the Monteagle council for approval.

Commissioner Katie Trahan raised a question about the convenience market/gas station under construction next to the Piggly Wiggly. Based on her recollection, the construction did not coincide with the site plan which called for two drive-up windows. Lawyer said when the developer asked to remove the drive-up windows, he suggested not using them rather than submitting a modified site plan for approval.

Trahan said based on her notes she never signed the final site plan, which she is required to do as secretary. The commission approved the site plan conditionally in February 2023 pending the Board of Zoning Appeals granting a variance. Following the BZA action, the site plan should have come back to Trahan for her to signify all conditions had been met.

“I think [the developer] went to the BZA … [and assumed] once they got the approval they were out,” Lawyer speculated.

Rush noted the project originally came before the commission when Annya Shalun served as the Southeastern Development District planner for Monteagle and was approved under a different planner. “There were a lot of issues with the site plan,” Rush said, “because of a lot of density on a small lot.”

The commission agreed with Trahan that going forward the commission did not approve site plans with conditional stipulations.

Construction on the Dollar General on the corner of Main Street and Sampley Street will begin in several weeks, said developer Monte Turner, with a projected completion date of February or March. The 10,640 square foot small-box discount store, with an entrance on Main Street, will offer some groceries, but not to the extent of the Tracy City Dollar General.

The 10-home Oak View Patio Homes subdivision across from the National Guard Armory was approved with a variance on the standard width-to-depth ratio for residential lots.