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Board defers decision on Delaware Ave. setback variance for two-family proposal
Summary
The Board of Zoning Appeals deferred a request April 17 to reduce a side-street setback at 2801 Delaware Ave. so two residences can be built; the board sought additional survey and design information before deciding.
The Metro Nashville Board of Zoning Appeals deferred a request on April 17 to reduce the side‑street setback from 20 feet to 10 feet at 2801 Delaware Avenue so the lot could accommodate two family residences.
Attorney John Michael represented the applicant (Jody Roberts) and asked the board to grant a 10-foot side-street setback. He argued the lot’s development context — multiple zoning districts and a mix of fronting patterns within 250 feet — and the Major and Collector Street Plan’s treatment of 20 Eighth Avenue create an “extraordinary and exceptional” situation that constrains a reasonable building envelope for two units. Michael said the property was rezoned earlier in 2025 to allow two-family use and that local policy goals favor modest increases in density in central locations.
Board members extensively debated the legal standard for a variance: whether the hardship must flow from the physical characteristics of the lot (shape, topography, size) or whether the board may consider the built environment and surrounding development pattern. Several members cited the nearby RM‑zoned properties that are built close to the sidewalk; others warned the board must be careful not to open a broad precedent that would allow applicants to seek relief based principally on surrounding zoning or policy aims rather than on unique property characteristics.
After discussion the applicant requested time to provide additional materials, including a more detailed survey and design options that might address members’ concerns about streetscape and future right-of-way. The applicant asked to defer and submit the requested materials; the board withdrew an earlier motion and then voted to defer the matter to the next meeting so the applicant can supply the additional documentation.
No final variance decision was made at the April 17 hearing; the board instructed the applicant to return with the requested materials. The record indicates the board will reconsider the case at its next scheduled meeting if the applicant supplies the materials the board requested.
