Chancellor sets aside BZA decision

By Joel Davis
of The Daily Times Staff

Blount County Chancellor Telford Forgety has set aside the Maryville Board of Zoning Appeals 2005 decision to deny a special exception permit for condominiums adjacent to the Cross Creek Subdivision.

Keith McCord, president of Cross Creek Inc., filed the lawsuit in Blount County Chancery Court in 2006, alleging the board's actions were "illegal" and "arbitrary."

Forgety's order, which was filed Feb. 1, did trim the proposed development down to 17 acres. The Board of Zoning Appeals will meet at 5 p.m. today for a briefing from attorneys about the ruling.

"Concerns raised by citizens relative to traffic is a matter that may be reviewed and considered by the Maryville Regional Planning Commission at the next requested approval phase of the property development ... if permitted by the applicable laws and regulations," the ruling states.

Forgety's ruling was based on the fact that the proposed development was not part of the existing Cross Creek subdivision.

The proposed development, adjacent to Carpenters Grade Road, complied with zoning regulations and received the recommendation of the city's planners for approval, according to the lawsuit.

Cross Creek Inc. filed its application for the special exception permit with the Maryville BZA on Nov. 1, 2005, and the board held a hearing on Nov. 17, 2005. The hearing drew an "extraordinarily large number of people" opposing the development, according to the lawsuit.