posted March 27, 2007
A lawsuit over a million-dollar house in Hixson that cuold not be occupied because inspectors said the garage is just over two feet too close to the property line has been settled.
Attorney Arnold Stulce said owner Stuart Bush was able to obtain a sliver of land from his neighbor, Tony St. Charles, who owns an adjacent lot.
He said it was necessary to get a subdivision plat approved for the tiny change by the city-county planning commission.
Attorney Stulce said, "It was the silliest thing I have ever been involved in."
Inspector Richard Hutsell earlier said the builder was warned about the violation of the city setback requirement.
Attorney Stulce said the builder, Mike Neal, went bankrupt and Mr. Bush bought the partially finished house at The Enclave last August.
He said it was expected the City Variance Board would grant a variance. He said, "We were just flabbergasted when the opposition appeared" in the form of the Enclave Homeowner's Association.
The Variance Board denied the variance request, then discussed the matter another two hours. The board finally denied it again, though a majority of board members indicated they wanted to find a way to help the homeowner.
Federal Bankruptcy Judge Tom Stinnett, president of the Enclave Homeowner's Association, earlier said the group was in opposition to the request because it would lead to other deviations from rules at the upscale development off Hixson Pike at the former Rivermont Golf Course.
Attorney Stulce said had Mr. Bush not gotten the land from Mr. St. Charles, he would have been faced with cutting two feet off his garage and possibly having to tear it down. But he said the association requires homeowners to have garages.
Attorney Stulce said city officials issued a certificate of occupancy for the Bush house after the St. Charles land was acquired.
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