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Commission approves small elevation variance for Old Hickory Boulevard renovation
Summary
The Stormwater Management Commission granted a variance allowing a homeowner to keep a finished-floor elevation roughly 3.12 inches below the four-foot requirement for a modest addition at Old Hickory Boulevard; commissioners noted the house is outside but adjacent to the floodplain.
The Metro Nashville Stormwater Management Commission on Tuesday approved a variance allowing the finished floor of a renovated portion of a home on Old Hickory Boulevard to remain about 3.12 inches below the four-foot finished-floor requirement, finding the home sits outside but adjacent to the mapped floodplain and the requested change is modest compared with raising the entire structure.
The decision matters because the property is adjacent to a regulated floodplain and the commission must weigh flood risk against hardship for property owners performing limited renovations. The commission approved the variance after hearing from the owner’s representative and reviewing staff comments; no members recorded opposition.
Josh Lee, attorney with Thompson Burton representing homeowners Shannon and Jason Truss, said the variance request arises from a small elevation difference and that the renovation would make the structure more compliant with flood regulations overall. "We're here to talk to you, you all today about a post it note," Lee said, referring to what he called a small dimensional difference; he later explained the relevant difference as roughly 3.12 inches between the two floor elevations involved in the project.
Kimberly Hayes, Metro Water Services permitting staff, summarized staff comments that the current structure sits adjacent to but not in the floodplain, that the proposed addition is on the side opposite the floodplain, and that other departments (planning, greenways) had no comments. Staff also explained the commission’s regulations consider parcels adjacent to floodplains conservatively because adjacency can carry similar flood risk even if the parcel is not mapped inside the floodplain.
Commissioners discussed whether the variance would increase flood risk and whether it was reasonable to require the owners to add a single step to the addition to gain the extra 3 inches. Commissioner Simpson asked whether adding a step might reduce risk for the owners; the homeowners said they prefer a level floor between the existing and new portions and that raising the entire structure by several inches would create an exceptional hardship.
Commissioners noted the renovation is modest and is furthest from the closest point of the floodplain. One commissioner said FEMA rules and ratings are complex and that small changes likely would not clearly alter insurance rating in a predictable way.
After deliberation a commissioner moved to approve the variance; the motion carried with all members present saying "aye" and no recorded opposition. The commission’s approval applies only to the specific variance request for the existing finished floor and the modest addition; it does not excuse unrelated floodplain violations on other properties or change standard elevation requirements for new construction.
Applicants were reminded of appeal rights: an aggrieved party may seek review by writ of certiorari in Davidson County Chancery or Circuit Court within 60 days of the commission’s decision.
