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Smyrna BZA approves front-setback variance for Lot 29 in Tuckers Point after utility easement constraint
Summary
The Board approved a 10-foot front-setback variance for Lot 29 in the Tuckers Point subdivision at its June 2025 meeting after staff found utility easement requirements and multiple road frontages constrained buildable area; the lot’s final plat has not been recorded.
The Smyrna Board of Zoning Appeals approved a 10-foot front-setback variance at its June 2025 meeting to allow the principal structure on Lot 29 in the Tuckers Point subdivision to sit 28 feet from Queensbury Alley instead of the 38 feet required by the planned residential development (PRD) pattern book.
Staff told the board the lot is constrained by three road frontages and a 30-foot exclusive easement requested by the Consolidated Utility District (CUD) in addition to a right-of-way dedication for future road widening; those combined requirements constrict the area available for a dwelling. The final plat for the lot has not been submitted or recorded. Mitch, a staff member, said the larger easement and its location were not a result of the developer’s actions and that the situation constrains placement of the house on the lot.
Developer representative Nathan Quinn described the timing: town staff had signed off on stormwater, sewer and electrical plans and the CUD review raised its easement requirement during the construction-plan approval process. "We submitted... the town of Smyrna had signed off on our stormwater plans... CUD always goes last," Quinn said. He said the developer asked CUD to reduce the easement to 20 feet but CUD refused, citing consistency for other applicants.
The PRD pattern book requires 38 feet for alley-loaded frontages and 20 feet for other road frontages; Lot 29 has three frontages (Queensbury Alley plus other streets), creating a constricted build area. Staff found the property does have a unique circumstance related to the utility main and the added easement and recommended consideration of a variance. A board member moved to approve the variance, noting the waterline location was unknown at the time of the original plat; another board member seconded. The motion carried.
The variance allows the principal structure on Lot 29 to meet the developer’s plan for required off-street vehicle stacking and driveway requirements while accommodating the CUD easement. The final plat must still be submitted and recorded to create Lot 29; the board’s approval addresses the zoning setback relief but does not substitute for final plat approval or any CUD permitting or conditions.
