BZA approves setback variance to allow single-family home at 608 Old Salem Road

Murfreesboro — At its March 26 meeting, the Board of Zoning Appeals approved application Z25004, allowing a reduction of the required 35-foot front setback along Mill Street to 20 feet for a property addressed as 608 Old Salem Road so a single-family home can be constructed on an undersized commercial-local (CL) lot.

The variance was requested by Frank Russell and presented to the board by planning staff. Planning staff told the board the property was platted in 1923, is a double-frontage lot, and is currently smaller than the 7,500-square-foot minimum required in the CL zone. Staff said the lot’s age, narrow width and an anticipated right-of-way dedication along Mill Street create a practical hardship that justifies a variance.

Planning staff said the request meets the variance standards in the zoning ordinance because the lot is unusually small for the zone, the hardship was not created by the owner and granting relief would not unduly harm adjacent properties or public safety. Staff recommended approval with one condition: the re-subdivision plat, including the right-of-way dedication, must be recorded prior to issuance of a building permit.

Planning staff summarized the site history and constraints, noting the parcel was part of an original 56-lot subdivision and that nearby CL parcels contain undersized lots and houses built before the current ordinance. The staff presentation described the lot’s double frontage (Old Salem Road and Mill Street), the required 35-foot setback on Old Salem Road that would remain, and the requested reduction along Mill Street to permit a functional building envelope on a roughly 7,197-square-foot parcel.

Brandon Russell, speaking for his father Frank Russell, told the board the right-of-way dedication the city requested “can be added after the fact,” and that the surveyor can include the required dedication on the plat. Planning staff also explained the numeric detail: because of rounding and how the city enforces setback measurements, staff treated the requested reduction as a 15-foot variance even though some plan dimensions produced decimals.

After a public hearing with no speakers, a motion to approve the variance subject to staff conditions carried unanimously on roll call: Mr. Bachelor — aye; Ms. Lavender — aye; Mr. Tibbs — aye; Vice Chair Halliburton — aye; Chair Young — aye.

The board’s approval allows the applicant to pursue construction consistent with the approved setback and the condition that the plat and right-of-way dedication be recorded before a building permit is issued. The planning department will administer the recording requirement and enforce compliance with the BZA conditions.

Details from the meeting: the lot is zoned CL (commercial local) with a 7,500-square-foot minimum under current zoning; the applicant requested reduction of the Mill Street front setback from 35 feet to 20 feet; staff recommended approval and required recording of the re-subdivision plat and right-of-way dedication prior to a building permit being issued.