Mayor: County will appeal mobile home ruling

Full story: The Tennessean
Cheatham County mayor David McCullough says the county will appeal a recent ruling by Judge Larry Wallace that allows a single-wide mobile home to be placed on a 2.5-acre agricultural lot even though the requirement is five acres. Full Story
the owners

Antioch, TN

#1 Mar 3, 2012
The owners of 1129A Anderson Lane make their statement to citizens of Cheatham County in response to support for the Mayor’s appeal of the Chancery Court decision allowing a mobile home on the property. The Mooneyhans can only appeal to the Cheatham County citizens to see what Randall and Margaret didn’t see in June of 2010.

Mayor David McCullough, and adjoining property owner Gary Lee, were fully aware that the parcel would be sold as a buildable lot for a single-family dwelling OR mobile home on November 23rd, 2009. That 4-1 decision of the Board of Zoning Appeals granted a variance of 50’ for undersize 20’ easement to allow conformance and sale as a buildable lot, and based that decision on history of the lot as a prior-conforming use since 1988.

The 2009 BZA decision is the action that (allegedly) damaged the property owners and County by enabling sale and redevelopment as an undersize lot in the agriculture zone. This entitled (right or wrong) a single family dwelling OR mobile home, with rights to use a functional well water supply, as this is allowed to all lots in that zone.

It was the 2009 BZA action that directed the Building Commissioner to issue a permit for the property; therefore it is THAT action, not the action of Kathy Reed, that should have brought Gary Lee to the floor of the Commission to speak in behalf of protecting the integrity of the zoning resolutions and the values of adjoining property owners by appealing to block any variance.

The Chairman of the County Commission had the duty to review decisions of the Board of Zoning Appeals and had the same power as the Mayor per Zoning Resolutions to file appeal in Chancery Court; it is almost assured the Chairman could have the support of at least 6 votes from the County Commission based on last week’s vote or recent public statements:
2nd District Lou Ann Jarreau
2nd District William McCanless Jr.(former)
(see last week comments about trailer parks in local news)
3nd District John Paul Wood
5th District David Davidson
5th District LuAnn Engleman
6th District former County Commissioner and Chairman David McCullough

Considering the above, The Mooneyhans question: why did property owner Gary Lee and Mayor / Chairman David McCullough wait months until the property had been advertised as sold as buildable, and then wait more months until completely built, with $100,000 spent or invested, to stop the Mooneyhans with actions they should have taken months before they wasted their money on a pasture with a well?? Why do Randall and Margaret continue to pay for this delay of justice by David McCullough and Gary Lee?

The Mooneyhans believe these are legitimate questions the citizens of Cheatham County should ask of their elected officials: why was enforcement delayed? Who failed to protect the property owners?

It wasn’t us. but now it is us, and since we aren't citizens, we can't speak to the Commission, only to the Court. Isn't there something wrong here?

Randall and Margaret Mooneyhan
March 5th, 2012
the owners

Antioch, TN

#2 Mar 5, 2012
To be totally clear on one point:

When the Mooneyhans purchased the property on July 23rd, 2010, it was clear in all conversations with Gary Lee (verbal July 26th and August 2; registered mail August 19th), all communication with the Building Commissioner (prior and after purchase), and in all documents and applications, that they intended to use the property for a single-wide mobile home. Single-Wide mobile home is noted several times in the application for building permit that was approved on August 26th, 2010. The advertisement for the property noted it was suitable for either single-wide or double-wide mobile home. There was absolutely no confusion on this point.

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