The Board of Zoning Appeals voted 4–0 to approve a front‑setback variance for 723 Myrtle Street, allowing the property owner to rebuild on the existing foundation after the previous residence sustained fire damage.

Joey Hargis, Metro zoning administrator, told the board the job had been stopped because demolition exceeded the 50% threshold that removes grandfathered setbacks; the applicant, Hal Fisher, said he discovered extensive fire damage and had kept the original foundation and front walls while rebuilding. Fisher said he promptly applied for a new construction permit after a stop‑work order and asked to rebuild on the existing footprint rather than move the house back to meet current contextual setbacks.

Neighbors said they opposed the request because the structure “will stick out” from neighboring homes and raised concerns about height and compliance with the neighborhood’s contextual overlay. Tirsa Jones (721 Myrtle) asked that the house be pushed back "in line with the other houses," and Tom Daley (722 Myrtle) said the new build appears out of proportion compared with single‑story homes nearby.

Board members and staff clarified that the matter before the board was a front‑setback variance, not a height variance, and that the city council had amended the half‑story definition in the last 48 hours. Joey Hargis said the maximum allowable height in the area is 27 feet and a story‑and‑a‑half; he told the applicant to submit floor plans so staff can verify the half‑story definition is met before construction continues.

During deliberations a member cited historical aerial photographs showing the existing foundation and front porch in the same location for more than a decade and moved to grant a reduced front setback. The motion to reduce the front setback (motion text: reduce front street setback to 9.3 feet) was seconded and passed 4–0. Staff reiterated that if floor plans indicate the second level does not meet the half‑story definition, the applicant will have to return to seek relief for height.

The applicant was reminded that obtaining building permits and satisfying other departmental reviews remains required before construction resumes.