Board of Zoning Appeals approves Kirkwood garage with privacy conditions, defers Moss Rose rebuild request

The Metro Nashville Board of Zoning Appeals on Sept. 4 approved several property variances and deferred one request pending more detailed plans.

Most immediately, the board granted a variance for a detached garage on Kirkwood Avenue that exceeded the accessory height limit, subject to conditions negotiated between the appellant and nearby neighbors. The board approved the measure 5–1 after the appellant’s attorney and a council member described a post-hearing agreement to remove rear windows and install tall native evergreens as a privacy buffer.

The board also voted to defer indefinitely an application for 4116 Moss Rose Drive that would relocate a rebuilt house forward of a FEMA-designated buffer. Applicants said the prior home burned and the lot’s topography and floodway buffers constrain where a new house can go. Board members and the applicant’s architect said the site shows a likely hardship tied to topography and federal stormwater buffer rules but noted the application lacked a specific site plan. The board voted 6–0 to defer until the applicant submits a site plan and clarifies stormwater/buffer details with Metro Stormwater.

Other business: the board approved a consent renewal for case 2020-583 (6657 Cabot) by voice vote, approved a street-setback variance for a proposed single-family house at 3000 Brightwood Avenue (case 2020-584) based on the curve and orientation of the street, and approved a variance to legalize additional accessory square footage at 816 Kirkwood Avenue (owner Sherry Oates). The Brightwood vote was 6–0; the 816 Kirkwood accessory-structure variance passed 5–1.

Why it matters: the decisions affect what property owners may build without demolition or redesign, and establish conditions and precedents for how the board treats permits the city previously issued in error and how it handles flood-buffer rebuilds after loss by fire.

What the board said and what proponents argued

John Michael, an attorney with the Thompson Burton Law Firm representing the Kirkwood appellants, told the board that Metro codes had errantly issued a permit that led to the taller garage being constructed and that the resulting situation—combined with a negotiated agreement with neighbors—constituted an exceptional circumstance warranting relief. "Metro's error in issuing the building permit at this height is the exceptional circumstance," Michael said.

On the Moss Rose Drive case, architect Craig Kennedy said the previous home was destroyed by fire and that the available buildable area is constrained by FEMA flood zones and the lot’s steep topography. "If we want to put back what's here, that's what's got to move," Kennedy said, describing why the rebuild would sit forward of the riverbank buffer.

Sherry Oates, owner of 816 Kirkwood Avenue, asked the board to allow two small accessory structures she added to remain so she could use her existing garage for her vehicle and keep workspace for art-conservation equipment. "I needed... I really wanted to build a garage," Oates said, explaining she had placed a small storage structure against an existing barn to house a table saw and other tools used in her work.

Key outcomes (votes and motions)

- 6657 Cabot (case 2020-583): Consent renewal approved by voice vote (6–0).

- Kirkwood accessory height variance (case 2020-570 as listed in the packet): Motion to approve the variance subject to conditions (no windows on the rear of the structure; 16–18-foot native evergreen plantings in the rear landscape buffer with required soil amendments). Outcome: approved, vote tally 5–1.

- 4116 Moss Rose Drive (case 2020-582): Board voted to defer the application indefinitely until the applicant submits site plans that meet Metro code/building-permit submission requirements and clarifies coordination with stormwater. Outcome: indefinite deferral, vote 6–0.

- 3000 Brightwood Avenue (case 2020-584): Street-setback variance approved based on the lot orientation and the curve of the street as the hardship. Outcome: approved, vote 6–0.

- 816 Kirkwood Avenue (case 2025-85): Variance to legalize additional accessory-structure square footage (applicant submitted site plan showing existing footprint and additions). Outcome: approved, vote 5–1.

Discussion vs. formal direction

- Discussion only: Board members repeatedly requested clearer site plans and coordination with Metro Stormwater for the Moss Rose Drive request; several members said they were sympathetic to the hardship but could not act without a specific footprint or building plans. That conversation led to the indefinite deferral.

- Direction: For Moss Rose Drive the board directed the applicant to work with Metro Stormwater and submit a site plan showing the proposed house and any disturbance inside stormwater buffers; staff advised the applicant to return when the site plan is ready so the case can be scheduled.

- Formal action: The Kirkwood overheight garage, Brightwood setback, Cabot consent renewal, and 816 Kirkwood accessory variance were all formally approved by recorded voice votes and tallies as noted above.

Notes and next steps

- Applicants seeking action after deferral should file complete site plans and any required stormwater documentation with codes/stormwater staff; the board’s staff said once a complete submittal is received the matter will be re-noticed and placed on a future BZA agenda.

- The board emphasized that permit errors by Metro codes can create exceptional circumstances for variance consideration but that evidence and negotiated conditions (for example, removing windows and planting a privacy screen) weigh strongly in favor of relief.

Votes at a glance (quick reference)

- Case 2020-583 (6657 Cabot): consent renewal — approved 6–0 - Case 2020-570 (Kirkwood garage variance): approved with conditions — 5–1 - Case 2020-582 (4116 Moss Rose Drive setback): deferred indefinitely pending site plans/stormwater clarification — 6–0 - Case 2020-584 (3000 Brightwood Ave setback): approved — 6–0 - Case 2025-85 (816 Kirkwood accessory square footage): approved — 5–1

Ending: The board concluded the meeting after completing the agenda; staff told applicants how to re-file or follow up with codes staff for scheduling once the deferred applicant provides the requested materials.