BZA approves backyard swim-lessons permit for 2626 Anthem Way with parking and fence conditions

Murfreesboro — The Board of Zoning Appeals on March 26 granted application Z25003, a special use permit allowing home-based, seasonal swimming lessons at 2626 Anthem Way operated by Dana Moser, subject to multiple conditions intended to address neighbor concerns about traffic, parking and privacy.

The permit authorizes lessons May through September with specified hours (Monday and Wednesday 9 a.m.–11:30 a.m. and 12 p.m.–2 p.m.; Tuesday and Thursday 9 a.m.–12 p.m. and 3 p.m.–6 p.m.; Friday for makeups), appointments only, a maximum of two vehicles parked on the driveway at any one time, and a requirement that the applicant replace an aluminum-style rear fence with a privacy fence. The board attached staff-recommended conditions and added a requirement for a six-foot privacy fence surrounding the perimeter.

Planning staff (Miss Lewis) said the applicant intends to operate seasonally and by appointment, expects 9–12 clients per day in 30-minute sessions, and will use the pool deck and an exterior bathroom/changing room (about 2,200 square feet, or roughly 17% of the lot’s usable area). Staff told the board it received two emails in favor and one email plus one phone call opposing the request; staff recommended approval with seven conditions, including appointment-only visits, limits on group instruction, specified hours and replacement of the rear fence with a privacy fence.

Several neighbors spoke at the public hearing. Annie Stack, who lives at 2621 Anthem Way, said her primary concern is child safety in the neighborhood because of increased vehicles during lesson times: “My greatest struggle with this potential passing of zoning … is namely safety for our children.” Her husband, Austin Stack, and neighbor Xenia described times last summer when they said many vehicles parked on the street and residents felt unsafe for children on bikes and scooters. One commenter said they counted as many as 14 cars at peak times during group lessons the previous season.

Dana Moser, the applicant, described her qualifications and the business model: “I am a swim instructor, water safety educator. I have about 20 years of experience in aquatics,” and said she is willing to obtain an AED if the board or staff deems it necessary. Moser and her husband said they stopped group lessons after zoning enforcement last summer and submitted the special use permit application to formalize a limited, private-lesson operation. The applicant confirmed she will be the sole instructor and that group instruction would be limited to private family groups that arrive in a single vehicle.

Board members pressed staff and the applicant on enforcement options if conditions are not followed. Planning staff explained that initial enforcement would be handled through zoning compliance efforts; repeated or uncorrected violations could lead to city court fines and, if necessary, a BZA hearing to revoke the special use permit.

After discussion and public comment focused on traffic and safety rather than the lessons themselves, the board voted to approve the special use permit with staff’s conditions plus the privacy-fence requirement and the two-vehicle driveway limit. Roll call was unanimous: Mr. Bachelor — aye; Ms. Lavender — aye; Mr. Tibbs — aye; Vice Chair Halliburton — aye; Tran — aye.

The approval is conditional: the applicant must comply with the permit conditions and include a signed copy of the BZA approval letter with business license application materials. The special use permit will lapse if the property is sold or the applicant ceases to reside there, as noted in the staff recommendation.