TDOT fills ‘cavity’
With support from Town, Zaveri’s new dental office clears big hurdle
The “cavity” in Dr. Dhiren Zaveri’s dealings with Tennessee Department of Transportation, which stared with TDOT’s denial of his plans to build a dental office to house Knox Valley Dental at the corner of Kingston Pike and Chaho Road, apparently have been resolved to the Farragut dentist’s approval.
After meeting with Zaveri Monday, Aug. 13, TDOT has rescinded an earlier veto of an emergency turnround planned for the new business, according to a Town of Farragut press release.
Farragut Town administrator David Smoak stated in the press release he received an e-mail from TDOT Tuesday, Aug. 14, reporting its staff met with the dentist Monday and “reversed their denial of access based on emergency access as long as certain conditions are met.”
Smoak further stated he “thinks both parties are satisfied” with the resolution.
The action falls on the heels of a Farragut Board of Mayor and Aldermen meeting, Thursday, Aug. 9, during which Zaveri asked for and received support from Board members regarding the dilemma.
Zaveri explained the Town already approved the project’s plans, since there already was a curb cut where the access is proposed, but “the issue I’m running into is with TDOT now.
“The reason I am here is I’m trying to find a solution for the project,” he added.
“TDOT is saying I can’t use that (curb cut), and that changes the whole layout of my building, which was (done) according to the (Town) fire marshal’s code,” Zaveri said during the BOMA meeting. “So, I would have to find another way for a turnaround.
“I don’t understand — why is this (denial) so late?” he asked.
Zaveri asked the Board and Town staff to help him work with TDOT on an emergency access-only fire truck turnaround, which was shown in the plan.
“We would be happy to meet with Dr. Zaveri anytime … to figure out a solution to the issue at hand,” Smoak said. “Obviously, (Farragut) Planning Commission has full purview over approval of the plans, which showed that access. We don’t consider it an access since it’s an emergency access only.
“I know they probably talked to your engineer about a variance process they have that you can request to go through,” he added.
Zaveri said he submitted a variance request with TDOT the previous week.
In the meantime, Smoak said there may be other alternatives, but Zaveri said his team drew an emergency access in the plan because the proposed building would not have a sprinkler system, which would have been too costly.
An alternative to the sprinklers is an emergency access for fire trucks.
Alderman Louise Povlin asked if he would speak to the next-door business owner to have the access to the private drive bollarded.
Zaveri said he did, but the business owner refused to grant an easement.
Smoak offered to write a letter to TDOT on Zaveri’s behalf, but Smoak warned him it would still have to go through the formal variance request process.
“I’m happy to sign on that letter,” Povlin said. “We don’t consider this an access either.
“We agree with you,” she added. “All we can do is support your decision, but we don’t make the final call — that’s TDOT.”
Alderman Bob Markli referenced a Staff-Developer meeting May 1 with Board members, Town engineer Darryl Smith, Community Development director Mark Shipley and fire marshal Dan Johnson regarding Zaveri’s dilemma.
“Now, all of a sudden, there’s a problem,” Markli added. “Of all our staff, did nobody see that TDOT would have a reason to reject this?”
“That’s not our job to contact TDOT,” Smoak answered. “That’s the applicant’s job … we didn’t think this would be an issue, but TDOT has a rule about these kinds of issues now with access.”
Smoak said the TDOT representative told him, “This is considered an access because of the dropped curb, even though no cars are going to go through there, except a fire truck in case of an emergency.”
“I think we really need to go to bat for him,” Markli said. “I think we need to have a planned, coordinated visit with this gentleman (from TDOT) and explain the situation ... .”
Zaveri said he thought the Board meeting went well.
“The Board has been tremendously helpful throughout this project, and they continue to be helpful, even with this latest problem that we have,” said Chad Turner, Oliver Smith Realty, which is handling the property in question between First Tennessee bank and FirstBank.
