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BZA approves 14‑foot encroachment into northern buffer at 4309 South Caruthers Road

Board of Zoning Appeals · November 7, 2025
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Summary

The Franklin Board of Zoning Appeals approved a variance Nov. 6 allowing a proposed development at 4309 South Caruthers Road to encroach 14 feet into the required 25‑foot Transition Zone 1 buffer along the parcel's northern property line, reducing the buffer to 11 feet.

The Franklin Board of Zoning Appeals approved a variance Nov. 6 allowing a proposed development at 4309 South Caruthers Road to encroach 14 feet into the required 25‑foot Transition Zone 1 buffer along the parcel's northern property line, reducing the buffer to 11 feet.

Staff presented the request and repeatedly clarified that the hearing considered only the dimensional variance, not whether a particular use is permitted. "This site has an approved site plan. . . . The decision tonight is not whether a particular use can be approved on the site or not," planning staff said, describing the 5.5‑acre parcel and saying the entrance must align with the existing South Caruthers Road/Caruthers Parkway intersection to meet the city's engineering standards.

The staff analysis said strict application of the zoning ordinance would prevent an entrance aligned with the existing intersection and would require access either at the intersection or at least 800 feet away; the property overall is less than 600 feet deep. Staff concluded the three variance criteria in the Franklin Zoning Ordinance were met and recommended approval.

Matt Huff of Gamble Design Collaborative, the applicant's representative, spoke briefly and offered to answer questions. Several nearby residents opposed the variance during public comment. Caroline Shore, a Lockwood Glen resident, said the reduction from 25 feet to 11 feet "is unacceptable" and warned of harm to property values. Sherry Mangelli of Falcon Creek said neighbors had been told earlier approvals were a "done deal" and expressed concern about precedent and impacts to adjacent properties.

Board members discussed the narrowness and shape of the lot at the intersection and the city's engineering requirements for safe access. Board member Smith moved to approve the variance "to encroach 14 feet into the required 25 foot transition zone 1 buffer," and Board member Beams seconded. The roll call vote recorded Board member Beams: approve; Board member Langley: approve; Board member Smith: approve; Board member Flushauer: approve. Board member Scales recused from the item. The motion passed.

The staff report noted the same variance had been approved previously in April 2021 and December 2023 but had expired, requiring the applicant to reapply. The project materials presented to the board show the site is planned for a retail building, a daycare and a gas station/convenience store and is vested under the 2020 zoning ordinance; further permits and approvals will be required for construction.

The board's approval applies only to the dimensional variance on the buffer and does not change zoning or automatically authorize any specific use on the site.