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Commission directs county attorney to review Tiny Homes development after planning commission recommendation
Summary
Following months of complaints and public comments alleging noncompliance by a tiny-home developer, the commission asked the county attorney to review the matter and take steps necessary to ensure compliance with zoning and subdivision rules, up to litigation.
Cocke County commissioners voted to direct the county attorney to review planning staff—s concerns about developments marketed as tiny-home communities and to take whatever legal steps are necessary to ensure compliance with county zoning and subdivision regulations.
The action followed two public comments alleging longstanding problems with the developer and his companies. Will LaBry, who identified himself as a resident and a purchaser of lots in the areas discussed, described a pattern of incomplete infrastructure and promised amenities that were not delivered. "He is selling to you to pay for the house that I paid him for 6 months ago," LaBry said, and urged commissioners to "stop this man from doing what he's doing."
Riva Fox said she has been involved with the planning commission on the same project and alleged that Incredible Properties LLC and related entities have used attorneys to issue trespass orders against residents who spoke publicly. Fox asked the legislative body to forward the planning commission recommendation to the district attorney—s office for review and to ensure the companies hold appropriate state licensing.
Planning staff told commissioners the developer had been asked repeatedly to submit a planned-unit-development package and preliminary engineering plans required for the existing level of density and infrastructure; staff said packets of other materials were provided but not the specific preliminary plat and engineering drawings requested. Planning staff said their concern centers on public-safety items including road width, emergency access, water and fire-protection infrastructure, and the adequacy of utility service extensions.
County Attorney Doug Overby advised the commission on a recommended motion: to direct the county attorney to review the matter, consult with county officials and take such steps as are reasonable and necessary to assure compliance with applicable zoning and subdivision regulations and state law, including, if warranted, litigation. Commissioners adopted amended wording and recorded a roll call approving the direction to the county attorney.
The commission did not announce any immediate enforcement steps beyond the directive to the county attorney. Planning staff and commissioners said staff and legal review would provide the factual basis for any subsequent action.
