Nashville Board of Zoning Appeals approves multiple variances, denies jurisdiction on right-of-way fence, punts one close setback case

The Metro Nashville Board of Zoning Appeals on March 6 approved the consent docket and a series of individual variances and special-exception requests, dismissed one appeal because the disputed fence sits in public right of way, and continued a closely contested setback question for further review.

The board, led by Metro zoning administrator Joey Hargis, opened the hearing and handled the consent docket first. Hargis said the chair had reviewed the record and recommended several cases for consent; the board voted to adopt the consent agenda and those cases were approved. Hargis reminded applicants on consent they could follow up with codes administration for building permits.

Why it matters: The board’s votes move multiple private construction projects and rule interpretations toward permitting or further review. Dismissal of the fence appeal underscores the board’s limit: it cannot grant variances for improvements that lie on public property.

Most important decisions

- Dismissal for lack of jurisdiction: The board dismissed an appeal involving a fence after a survey showed the fence encroached in the city right of way. The board voted to dismiss the application for lack of jurisdiction; the record shows Metro Legal and staff concluded the board cannot grant variances for improvements on public property. Attorney Lance Baker asked the board to consider the application on due-process grounds, but the board voted 4–0 to dismiss the appeal.

- Tiny-house and accessory-structure variance approved: The board granted a variance for Beverly…