Board approves settlement and grandfathered setback for longstanding commercial/septic dispute

The Wilson County Board of Zoning Appeals voted to accept a settlement in case 4164, a matter that previously led to Chancery Court action. Staff reported a completed septic load test and the applicant’s representative, Charlie Dean of Dean Design Group, told the board the test results were adequate to allow continued use of the existing septic system for the commercial structure.

Dean summarized two variance requests: a front‑setback variance to recognize the existing foundation and a variance to continue use of the property’s septic system for commercial purposes because public sewer is not available nearby. Staff flagged that the matter had been litigated previously; the settlement before the board would incorporate documents submitted by the applicant into the record. The board accepted an amendment to acknowledge that the building was effectively grandfathered in and approved the settlement with the applicant’s documents made part of the approval.

The approval instructs staff to prepare an order referencing the original decision and the newly approved settlement; the board recorded the amendment and approved the motion by voice vote. The applicant was advised that the submitted load‑test results will be retained as part of the record and incorporated into the settlement order.