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Commission denies variance for finished‑floor elevation at Carl Place; owners can pursue elevation or FEMA options
Summary
The commission denied a variance request to leave two Carl Place houses below Metro’s required finished‑floor elevation. Applicants provided contractor estimates to lift structures; commissioners concluded cost/financial hardship did not meet variance standards.
The Metro Nashville Stormwater Management Commission voted April 21 to deny a variance request for two houses at 5909 A and B Carl Place that sought to keep finished floors at 418.5 feet NAVD 88 instead of the four‑foot freeboard required under Metro criteria.
Applicant Jordan Lee of JCL Construction and counsel Robert Holland told commissioners they obtained contractor quotes to lift the structures; the presented estimate for raising the four‑story connected houses was roughly $90,000 for a limited lift and up to about $140,000 to meet the full elevation expectation. Counsel argued lifting posed structural and neighborhood risks and said the commission must balance “risk by raising a house … versus the flood risk” if the houses remain lower.
Staff comments in the case record said the contractor had previously been supplied floodplain requirements and that the site may be designated by FEMA as noncompliant with Metro’s floodplain management requirements if the variance were granted. Commissioners reviewed the legal standard for variances and the Precision Motors precedent referenced by the applicant’s counsel, which requires a showing of exceptional hardship to justify a variance.
Several commissioners said financial cost alone does not meet the legal threshold for exceptional hardship and noted the applicants had demonstrated that elevating the structures was feasible. After discussion a commissioner moved to deny the variance; the motion was seconded and carried on a voice vote.
Why it matters: Finished‑floor elevation requirements are intended to reduce flood damage risk and maintain Metro’s floodplain management standards; denial requires owners to pursue compliance options such as elevation, floodproofing where permitted, or other building‑code pathways.
