Chattanooga developer wins one, loses one in St. Elmo zoning fight on steep slope lots

Staff photo by Troy Stolt / Homes are undergoing construction on Tremont Street. The City Council passed a new measure on first reading aimed at putting more regulations building on steep slopes
Staff photo by Troy Stolt / Homes are undergoing construction on Tremont Street. The City Council passed a new measure on first reading aimed at putting more regulations building on steep slopes

A developer on Thursday won the OK of a Chattanooga zoning panel to put up a house on a St. Elmo hillside despite opposition by neighbors, but the company lost an effort for another unit next door.

After a three-hour meeting, both the development group and neighbors against the new housing questioned the consistency of the Chattanooga Historic Zoning Commission's decisions.

Also, following remarks by a string of neighbors nearly all against the new housing, one panel member said he felt like the commission was "getting in a mob rule situation."

"Denying him I don't think is the right decision," said panel member Matt McDonald, who voted to approve one house and then was the only commissioner opposing the denial for the other.

After some neighbors objected to the idea they were part of a mob, McDonald apologized for "a poor choice of words," adding that many points were made against the houses which the panel can't consider.

Jason Craven, who is overseeing the proposed project for Watchtower Investments, said there is one more adjacent lot on which his group is envisioning another house.

"We'll work with the commission," he said after the meeting. Craven said he'll need to "understand what fits best in the calculus. That consistency is hard to figure out. We're willing to listen and continue modifying."

But Tim McDonald, who opposes the houses, said he thought the commission has too many members who are pro-development.

"It looks like the deck is stacked," he said after the meeting, adding that the panel was "totally inconsistent" in its rulings. McDonald, who is not related to the commission member, said he was "extremely offended" by the mob rule remark.

Watchtower Investments received the endorsement of the commission for the planned house at 4186 Tennessee Ave. While another at 4182 Tennessee Ave., was denied, the company is expected to seek approval of a unit at 4190 Tennessee Ave. next month.

The zoning panel's job is to review proposed changes and new construction in four historic districts in Chattanooga including St. Elmo.

After opposition to Watchtower's plans in May before the commission, Craven said he later met with the Community Association of Historic St. Elmo.

Crisler Torrence, the group's vice president, told the commission that 89 people who showed up at the meeting with Watchtower were opposed to the houses while just four were in favor.

"There was adamant opposition in its scale and in fitting in with the block," he said.

Sally Krebs, another St. Elmo resident, said the neighborhood wanted the commission to enforce the existing historic zoning guidelines.

"Developers are watching," she said. "Your decisions are really important. Our slopes are going to be trashed in St. Elmo."

Denise Shaw, a St. Elmo property owner, said construction on steep slopes is different.

"Steep slopes is something our neighbors have justified concerns about," she said. Shaw said a recent ordinance passed by the City Council related to protecting steep slopes is lacking.

Tim McDonald said the proposed homes are "very large" and "not consistent with the streetscape."

"Help us maintain the historic nature of the community," he said.

Craven said the slope of the building sites is challenging.

"The topography is the hardship we're trying to face," he said. "We're the test case for steep slopes."

Thomas Palmer, a commission member, said the proposed house at 4186 Tennessee Ave. is "pretty large" and he asked how critical a bonus room atop a garage is for the home.

"I'd like to see the house 20% smaller," he said. "I think it's a big house for the lot."

Matt McDonald offered a motion to approve the home at 4186 Tennessee if the bonus room is removed. The panel voted in favor of that proposal.

The second planned house was then considered, with neighbors again expressing concerns about the design. Torrence said the proposed house at 4182 Tennessee "looks like four stories. Two and a half [stories] are in the guidelines."

After some discussion, Palmer offered a motion to deny zoning for the second house, which was passed by the panel.

Contact Mike Pare at mpare@timesfreepress.com. Follow him on Twitter @MikePareTFP.

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