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Homeowner Battles Zoning Board Over Unpermitted Dwelling

September 19, 2024 | Wilson County, Tennessee


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Homeowner Battles Zoning Board Over Unpermitted Dwelling
In a recent government meeting, the board addressed several variance requests related to a property in Wilson County, focusing on an accessory dwelling unit (ADU) and its compliance with local zoning ordinances. The discussions highlighted the complexities surrounding the approval process, particularly in light of the applicant's personal circumstances.

The applicant, Jesus Alduenda, sought variances for his property, which included a one-foot variance on the east side yard setback for the primary residence, a ten-foot variance from the west side yard setback for the ADU, and a 136-square-foot variance for the maximum size requirement of the ADU. Alduenda explained that the ADU was built in 2020 without a permit due to difficulties in obtaining one during the COVID-19 pandemic. He emphasized that the structure was intended for his daughter, who has special needs, and expressed the urgency of having her close by as she ages.

Despite Alduenda's heartfelt testimony, staff recommended denial of the variances for the ADU due to its non-compliance with zoning regulations. The board noted that while they sympathized with Alduenda's situation, they were bound by the existing zoning laws. However, they did approve the one-foot variance for the primary residence, citing its construction predating the zoning ordinance.

The board's deliberations revealed a nuanced understanding of the zoning laws, particularly regarding the treatment of accessory dwelling units. They acknowledged that previous approvals for similar variances had been granted only under specific circumstances, particularly when documentation for special needs was provided. Ultimately, the board moved to approve the one-foot east side yard variance for the primary residence while leaving the request for the ADU's variances unresolved, pending further discussion and consideration of the applicant's medical documentation.

This meeting underscores the ongoing challenges faced by homeowners navigating zoning regulations, especially in cases involving special needs accommodations. The board's decisions reflect a balance between adherence to zoning laws and the need for compassionate consideration of individual circumstances.

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