The Board of Zoning Appeals approved a street‑setback variance for a proposed commercial building at 4323 Nollensville Pike, allowing construction closer to Providence Heights than the 15‑foot requirement.

Joey Hargis introduced the case and explained Providence Heights is recorded as a public street despite appearing alley‑like in the field. Applicant representative Masalat Fatih told the board the lot is constrained by an official stream and a 30‑foot buffer on the southwest, and that the existing structure is closer to Providence Heights than the proposed building will be, making the project an improvement to the current condition.

Neighbor Frank Shelton (4408 Providence Heights) opposed the request, saying Providence Heights functions as an alley and that the combination of narrow right of way, nearby tire shop deliveries and additional tall, narrow buildings threaten sight lines and safe access. Shelton said the area is already congested and that visibility at the intersection will worsen.

Board members acknowledged the visibility concerns but said sight‑distance and right‑of‑way reviews are conducted by NDOT and right‑of‑way staff during the permitting phase. Several members found two hardships — the unusual narrowness of the site and a large unusable portion in the rear because of the stream buffer — and moved to approve the variance. The motion carried and the transcript records the case as approved on a 4–0 vote.

The board emphasized that permit review by NDOT and the city’s right‑of‑way reviewers remains required and could impose conditions or require changes to address sight lines.