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Neighbors oppose variance after Metro permits a 27‑foot garage; BZA denies variance request
Summary
The BZA heard an appeal after a detached garage at 927 Kirkwood Blvd. was permitted at 27 feet in error; neighbors said construction continued after the permit issue was raised and argued the height intrudes on back‑yard privacy. The board voted to deny the variance.
Neighbors and the property owner clashed July 17 after Metro issued a permit for a 27‑foot detached garage at 927 Kirkwood Boulevard that staff later determined exceeded the permitted 16‑foot height for accessory structures in RS‑7.5 zoning.
Zoning staff acknowledged a permitting error and posted a stop‑work order on the garage once the mistake was discovered. The property owner appealed the stop‑work order, saying the build was largely complete and that the lot’s depth and topography create practical constraints. Several immediate neighbors opposed the variance, said much of the work continued after they notified Metro, and argued the taller structure would intrude on backyard privacy.
The board’s action: After hearing argument from the owner’s counsel and neighbors, the BZA voted 3–1 to deny the variance request to allow the 27‑foot structure to remain as built. Board members split over whether staff’s error and the lot’s unusual depth provided exceptional circumstances that could justify relief.
Why it matters: The case underscores how permitting errors, construction timing and neighborhood privacy concerns intersect in redevelopment of long, deep lots in older residential neighborhoods. The denial means the owner may need to modify the structure to conform with the 16‑foot accessory‑structure limit or pursue additional administrative or legal remedies.
Key facts from the hearing: The owner’s attorney said the lot is about 260 feet deep and that the garage sits well behind the principal house and below it in elevation, making the structure less visually dominant from the street. Neighbors provided a timeline and photos asserting the majority of work on the garage occurred after Metro staff had been alerted and that several second‑floor windows overlook adjacent yards. Metro staff confirmed the permit was issued in error and said it would refund any appeal fees tied to that error.
