Council upholds BZA denial for variance at 137 West Anderson Avenue; appeal by Everett Hirsch denied

The Knoxville City Council voted to deny an appeal by property owner Everett Hirsch seeking a variance from the build‑to zone requirement in the IMU zoning district for a narrow lot at 137 West Anderson Avenue.

Hirsch and his attorney, Benjamin Mullins, asked the council to overturn the Board of Zoning Appeals’ decision and grant a variance that would allow a second principal residence on the 25‑foot‑wide lot. Mullins argued the lot’s “exceptional narrowness” and the property’s existing configuration created practical difficulties and deprived the owner of reasonable use of the land. Architect and neighborhood supporter Logan Higgins also addressed the council in favor of the variance.

City staff and the Board of Zoning Appeals said the ordinance standards require all criteria to be satisfied for a variance. Peter Ahrens, director of Plans Review and Building Inspections, read the ordinance standards in full and explained that variances “will be granted only where special circumstances or conditions such as exceptional narrowness, topography or siting…are such that the strict application of the provisions of this code would deprive the applicant of any reasonable use of his or her land,” and that “mere loss in value does not justify a variance.” Rob Frost, representing the law department, noted the BZA found the applicant did not meet the required standards and recommended upholding the denial.

Council members asked about alternatives, such as accessory dwelling units or a connected breezeway that would create a single principal structure. Ahrens confirmed that accessory buildings are treated differently under the build‑to zone rules and that owner occupancy and other code requirements would apply for accessory dwellings.

After discussion, Council member Reider moved to deny the appeal. The council voted to deny the appeal; the BZA denial was therefore upheld and the variance request was refused.

The applicant indicated he had sought RN 4/RN 3 relief in similar neighborhood cases historically and said his intent was to build a modest second house to keep family together. Council members who opposed the appeal cited the code’s requirement that all variance criteria be met and expressed concern about setting a piecemeal precedent for rezoning narrow lots without a neighborhood‑wide plan.

Outcome: appeal denied; no change to the build‑to zone requirement on the lot.