Board of Zoning Adjustment - 2026-02-16

Variance approved to allow fence to exceed 42 inches in street side yard setback. Based on testimony from February 2 meeting where neighbor provided signed affidavit and applicant testified about existing fence conditions.

Nonconforming use determination approved for triplex in R6 multifamily zoning district and traditional neighborhood form. Evidence included neighbor affidavit from resident since 1940s and testimony about 1960s-era green bathtub and fixtures.

Variance approved based on staff report and testimony from February 2 meeting.

Two conditional use permits (25-CUP-0237 for private proprietary club and 25-CUP-0238 for adult daycare) continued to March 2, 2026 meeting due to 2-2 tie vote. Conditions discussed included amended condition 9 regarding building permits and new condition 10 requiring removal of unlawfully stored vehicles.

Modified conditional use permit approved to add two bedrooms to non-owner occupied short-term rental, increasing from 3 bedrooms/8 guests to 5 bedrooms/12 guests maximum. Applicant Lynn Thomas testified neighbors support the short-term rental over previous long-term rental.

Variance approved from LDC section 5.4.1.8.1 to allow accessory use area to exceed 60 feet in depth. Case 26-Variance-0002 had signatures from all adjoining property owners.

Case 26-Variance-0003 continued to March 2, 2026 to allow applicant to install egg crate shielding on lights and provide expert testimony on lumen reduction and installation height rationale.

Variance (25-Variance-0119) approved to allow structure and dumpster to encroach into nonresidential to residential setback (14 feet requested vs 50 feet required) for 6,800 sq ft addition to existing grocery store on Taylorsville Road. Two waivers also approved to eliminate 35-foot landscape buffer and 10-foot vehicular use area buffer. Developer Blomquist Design Group representing Paul's Fruit Market, which has operated since the 1960s.

Variance (26-Variance-0012) approved to reduce private yard area to zero (from 300 sq ft requirement) for Church of the Promise property. Church transferring garage and land section to neighbor, creating substandard lot previously approved by DRC on December 17, 2025.

Modified conditional use permit (23-MCUP-0019) approved for AMVETS Post 61 on Smyrna Parkway to construct 2,920 sq ft storage building behind principal structure for equipment storage including wheelchairs for disabled veterans. Relief granted from item C regarding dense evergreen screening between parking lots.

Change in nonconforming use (26-Nonconform-0006) approved from adult entertainment establishment to bar/tavern at 2927 7th Street Road. Property owner Joseph White has operated since June 1993, with establishment dating to late 1960s. Staff found bar/tavern less odious than adult entertainment given proximity to residential properties.

Conditional use permit (26-CUP-0009) approved for non-owner occupied short-term rental on 2+ acre property. Three bedrooms with maximum 12 guests over age 16. Property manager Josh Thompson testified; owner lives one residence away. Off-street parking for seven vehicles available.

Waiver denied for five units at 1604 Story Avenue to register as short-term rentals within 12 months of receiving citation. Property owned by 1604 Story LLC had not registered since July 2020 despite $500,000 investment. Multiple citations issued including $1,000 fines in August 2025 and January 2026. Attorney Cliff Ashburner represented owner. Board cited five years of non-registration as excessive.