Rutherford County planning commission approves two-lot final plat for Duke's Haven, subject to staff conditions

The Rutherford County Regional Planning Commission on Aug. 25 approved the final plat for Duke's Haven, a two-lot subdivision on 5.68 acres along Bradewell (Bradewell) Pike, subject to remaining staff comments and the previously granted waivers.

The commission approved the plat after county planning staff said the applicant had obtained building permits for the principal structure and an accessory dwelling unit and that Tennessee Department of Environment and Conservation (TDEC) had indicated the proposed septic locations would be acceptable. Staff advised that waivers previously granted by the commission — for an off-site soils waiver and for creating a lot of less than 5 acres served by a private easement — are prerequisites to final plat approval.

The county planning staff described the regulatory issue leading to the subdivision: because of the location of the structures and site constraints, the lots could not meet the 50-foot road-frontage requirement nor be 5 acres, so the owners sought waivers that were earlier granted by the commission. Staff said the plat otherwise “appears to be in good order” pending final staff comments and any required permits from TDOT regarding access.

William Tao, who identified himself as the property owner and applicant, told commissioners that he had already installed a separate driveway for 4873 Bradewell Pike and that the state had issued a permit for the new driveway. “They have a picture of it on 4873,” Tao said. He confirmed the two lots would no longer share a gravel drive and that the new driveway is “25 feet off” the other one and has its own mailbox.

Commissioners discussed whether an existing gravel driveway would become a shared access and whether any buyer of the back property would have legal rights to the access. Staff confirmed the easement rights will persist regardless of ownership. Commissioners also noted that if three or more lots use the same private driveway, the driveway opening would have to be upgraded to a commercial entrance under state rules.

A motion to approve the final plat, subject to all staff comments, passed by voice vote.

The approval is conditioned on the previously granted waivers (off-site soils and lot-size/frontage waiver), final staff comments and any required TDOT or TDEC approvals or permits. The applicant indicated the driveway permit for the separate access had already been obtained.