The Mosheim Board of Zoning Appeals voted unanimously Wednesday night to deny approval of an appeal for relief from Tha Gap Bar and Grill regarding architectural drawing requirements and fire safety infrastructure during a meeting Wednesday night.
The owner of Tha Gap, Randy Shawn Johnson, told the board that he had not made changes to the building in late 2024 that rose to “Level 3” alterations according to International Existing Building Code.
Reaching “Level 3” alterations requires property owners to bring their buildings up to code regarding fire suppression systems and structural upgrades, however lower levels do not carry such requirements.
Johnson’s lawyer, Daniel Sanders, said that according to the code 50% or more of a building must be reconfigured. Moving walls or adding rooms constitutes reconfiguration. Sanders said only about 17% of the building’s area fell into that category, therefore, upgrades and architectural drawings outlining the upgrades should not be required.
However, Mosheim Building Inspector Bill Rupert told the board that he would need architectural drawings stamped by a licensed architect that showed the original footprint of the building before any alterations were made, and compare those drawings to current drawings. He noted that only upon receiving the drawings and an official permit application with the drawings could he officially determine what level of alterations had taken place.
Bill Rupert
Sanders said that he felt he was told by Mosheim Attorney Doug Payne in an email that Rupert had already rendered his decision on the level of alteration, and that they had been directed to the Board of Zoning Appeals to protest the decision. However, Rupert noted he had not directly communicated any written decision to Johnson or Sanders, and that up to that point everything had simply been conversations and “hearsay.” The email sent from Payne to Sanders included information about the Board of Zoning appeals and Rupert’s opinions, but it also included information stating that architectural drawings were needed. It did not include an official written judgement on the matter from Rupert.
Sanders said it was “outrageous” that his client had been directed to the Board of Zoning Appeals just to be told at the meeting that the board could not even render an official decision since there were no architectural plans from which Rupert could make an official decision.
Johnson argued that he had not been required to provide drawings stamped by an architect when initially applying for a building permit, and that several other types of drawings had been provided. Johnson noted that he had spent $100,000 trying to satisfy the town’s requirements and reopen his building.
Shawn Johnson
Nonetheless, the board members said they would like to see drawings stamped by a licensed architect before approving any appeal, and they denied the appeal until drawings could be presented.
An Ongoing Dispute
Johnson has been embroiled in an ongoing dispute with the Town of Mosheim since late 2024 regarding Tha Gap located at 16130 W. Andrew Johnson Highway. The bar has been closed in the near year and a half since then.
Johnson began renovating the building in late 2024, which included adding a couple bathrooms where plumbing already existed, moving a kitchen wall by a about six feet, raising a stage in the bar, and replacing the sheetrock on the ceiling of the facility. Johnson said at the time he did not think he needed a building permit to make the upgrades, but applied for one in late 2024 after being told to stop work by Rupert.
Upon removing the sheetrock on the ceiling, Johnson discovered that the rafters in the roof had been cut by a previous owner. Johnson said he recognized the cut rafters presented a safety hazard, and repaired them himself.
That is when the first major disagreement occurred between Rupert and Johnson.
Johnson reinforced the trusses, but an engineer, John Jacobs, contracted through Rupert and the Town of Mosheim determined that the repairs were not adequate and were not strong enough to support the code-mandated live load of 20 pounds per square foot on the roof.
At that time, Johnson hired engineer Charles Corlew to conduct his own study on the trusses, and Corlew determined the repaired trusses could support the roof of the building as required by code.
Johnson asked the Mosheim Board of Appeals in September 2025 to accept Corlew’s decision, and grant him a permit to finish work on the 75 year old building and occupy it.
However, the board voted to have a third-party engineer evaluate the rafters and Johnson’s repairs in an effort to make a final determination through an independent report.
An independent structural engineer agreed upon by Johnson and the town, determined to be Robert Houser, then evaluated the structure.
Houser, who spoke at Wednesday’s meeting, said that he determined that some further repairs to the trusses were needed. He noted that steel cable would be used in the repairs to strengthen each of the trusses.
Johnson said he had been willing to make the required repairs and worked to address every request made by Rupert, but then was told that fire suppression upgrades, such as a sprinkler system, would be required as well by Rupert since “Level 3” alterations had been made.
It was at that point Johnson set out to contest that such a level of alterations had been made to the structure.
When asked during Wednesday’s meeting, Houser said that he did not feel “Level 3” alterations had been made to the building. However, board members noted they would still like to see drawings stamped by an architect.
