The Metro Nashville Board of Zoning Appeals voted on April 17 to deny a variance for a large garage constructed without a permit at 5914 South New Hope Road.

Appellant John Earhart told the board that a contractor erected the 30-by-50-foot structure and told him no permit was required. Codes staff said the property’s existing outbuilding had already used the allowable reduced rear setback for an outbuilding, so a second structure must meet the standard 20-foot setback for a rear line. Earhart said moving the new building would create severe financial hardship.

A neighbor, Roger Farmer, who said he has lived adjacent to the property more than 40 years, told the board several buildings and pads in the area were installed historically without permits and that residents expect consistent enforcement of setback and permitting rules. Council member Erin Evans (District 12) attended the hearing and said she had heard both a complaint and separate neighbor support for the project; she described herself as neutral and attended to hear the board’s deliberations.

Board members said they were sympathetic to the homeowner’s predicament but concluded the applicant had not demonstrated the legal hardship required for a variance. A motion to deny the application was made, seconded and carried; the board recorded the application as denied.

The board advised the applicant to pursue remedies against the contractor and reminded property owners that permits are required in Davidson County for structures of this type.