Sumner County BZA approves 10-foot setback variance for Hendersonville property

The Sumner County Board of Zoning Appeals approved a variance that allows an ancillary structure to encroach on the side-yard setback for a property at 116 Long Hollow Lane in Hendersonville.

The variance request, presented by applicant Shelly Burwell at the boards regular meeting, sought relief from provisions of the Sumner County zoning resolution so the owner could replace an existing barn with a larger structure closer to the side property line than the rural-residential setback normally allows.

Staff told the board the subject property is in a rural-residential district where the side setback is 20 feet. Cindy (staff) summarized the site features and staff findings, saying the lots topography, existing electric poles and septic areas make strict conformity with the resolution difficult and that the conditions are unique to the lot. Cindy also said the requested variance "appears to be the minimum that will allow the property to be utilized in the manner proposed" and that no evidence was provided that granting the variance would endanger public safety or diminish property values.

Burwell, who said she lives at 116 Long Hollow Lane, told the board the lot is about 7 acres and pointed to a 50-foot gas easement on the adjoining property. "We have a 50 foot gas permanent easement on Mr. Jennings' property," she said, arguing that the easement plus the requested 10-foot setback would provide substantial visual and air separation. "I'm presenting something I feel is above what the minimum standards are," Burwell added.

A resident who lives across the road spoke in support, saying he has known the site for decades and that he would "like to see it happen," and an email from Mr. Jennings, the surrounding property owner, was reported in the packet as also supporting the application. Cindy said Piedmont Gas "had no issues with the structure in the proposed location." The staff presentation and public comments were confined to site features, impacts on neighboring properties and safety considerations; no party requested a use variance.

A board member moved to approve the variance and another member seconded. The motion passed by voice vote; individual board member votes were not recorded in the transcript.

Other business at the meeting included approval of the March 13, 2025, meeting minutes and a request to remove 909 New Deal Potts Road from the consent agenda so that item will be heard next month. Staff also reported one administrative approval for April: a permit for 2048 Scott DeParker Highway for Wade Automotive.

Staff said the applicant must submit the required plot plan and meet the conditions listed in the meeting packet for the variance to be implemented.