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Board revokes owner-occupied permit, finds 1023 Tenth Ave not primary residence
Summary
The Board of Zoning Appeals denied Ryan Sperko’s appeal and upheld revocation of his owner-occupied short-term rental permit after staff investigations and neighborhood testimony indicated the property was not his primary residence.
The Board of Zoning Appeals on June 24, 2025, upheld a revocation of the owner-occupied short-term rental permit for 1023 Tenth Avenue North, concluding that staff had reasonable grounds to find the property was not the appellant's primary residence.
Short-term rental property chief Bonnie L. McBroom III and inspectors detailed their review: staff examined public records and other material and received neighbor complaints that the property was being used as a short-term rental while the owner lived elsewhere. Inspector reports and a Hub Nashville complaint prompted the investigation.
Appellant Ryan Sperko told the board he purchased and moved into 1023 Tenth Avenue North in April 2019 and said he uses a condominium at 1350 Rosa L. Parks Boulevard Unit 417 as a secondary residence and home office. Sperko provided bank statements, tax filings and other documents he said supported his residency claim; he also described neighborhood improvement work he has done and letters from neighbors in support.
Neighbors and the Hope Gardens Neighborhood Association disputed Sperko's account. Doctor Kevin Griffith, president of the Hope Gardens Neighborhood Association, told the board he has not seen the appellant living at 1023 and said neighborhood members voted unanimously to oppose the appeal. Another neighbor, Ed Lynch, said the property appeared vacant much of the time and described frequent guest turnover and littering connected to Airbnb use.
Board members considered documents presented by staff and testimony from neighbors who observe the property regularly. The zoning administrator’s determination — that the property was not the owner’s primary residence — was found reasonable by the board. A motion to deny the appeal and uphold the zoning administrator’s action carried unanimously among voting members.
The board’s decision revokes the owner-occupied permit; staff will follow up on enforcement and any next steps available to the appellant. The revocation letter had listed an effective date in April 2025; the appeal was filed shortly after. The ordinance cited in the staff summary included BL 2017-608 (STRP ordinance) and the board discretionary statute BL 2023-136, as applicable to the case.
The board closed the hearing after the vote; Sperko was advised of the decision and next steps with staff.
