Wilson County Board of Zoning Appeals denies several short‑term rental and variance requests, approves others with conditions

The Wilson County Board of Zoning Appeals met in May and issued a mix of denials, approvals and one withdrawal on a docket largely composed of short‑term rental requests and accessory‑structure variances.

The board denied case 4277, a request to renew a short‑term rental approval for a retrofitted milk‑barn accessory dwelling unit (ADU), after staff and board members concluded the property appears to exceed a previously approved 600‑square‑foot living‑area limit. Christopher, a county zoning staff member, told the board the original 2023 approval limited the ADU to 600 square feet; Jennifer Davis, representing owner Joanne Daley, said the owner is willing to make changes but acknowledged the property is for sale and that the new owner must reapply. Neighbor Kristen Roth asked the board to wait until new owners take possession, saying she did not feel safe with nonresidents overseeing the property. The board voted to deny 4277 but amended the denial to allow the applicant to resubmit once the 600‑square‑foot certification is provided without triggering a six‑month reapplication bar.

A related request for the adjacent parcel, case 4278, was deferred at the applicant’s request because the structure currently lacks a certificate of occupancy. The board granted an open‑ended deferral until the applicant asks to be placed back on the agenda; staff noted a second deferral may require payment of the reapplication fee.

The board approved several variances and applications with conditions. Jefferson Wall withdrew a request for a large size variance and pursued only a height variance for an accessory structure (case 4284); the board approved the height variance with amendments that the structure not be used for commercial purposes. Ben Kramer, representing another applicant, explained a combination plat that remedied two substandard lots and the board approved the related setback variances for that property (case 4288). The board also approved a short‑term rental application by Angelina and Steven Tuning (case 4286) for one year with occupancy limits and the usual requirement that the applicant supply a business plan and contact information to county offices.

Multiple variances were denied on staff recommendation. The board denied a side‑yard setback variance requested by David Welch (case 4285) and a height variance for Wesley Crow (case 4287); members cited the zoning ordinance criteria, the absence of a legislative change to the ordinance and concerns about setting precedents. John Kitchen’s request for a large side‑yard encroachment for an accessory garage (case 4290) was denied after board members said the 5‑acre lot appeared to offer other feasible solutions.

Septic capacity and certificate‑of‑occupancy issues influenced several rulings. Gordon Lemon asked to use an existing barn as a short‑term rental (case 4291); staff concluded the property’s permit and septic capacity (a three‑bedroom septic served by the existing house) did not support an additional ADU without further work. Lemon elected to withdraw the application and may return after addressing septic concerns. County staff repeatedly told applicants that approval of uses or renewals does not excuse compliance with building codes and that new owners must seek approvals themselves.

The board denied a request to place a temporary fireworks stand on R‑1 residential property (case 4292). Staff explained that fireworks stands have been treated as seasonal roadside‑stand uses in agricultural zones but that R‑1 lacks that allowance and that a state fire marshal review would likely be required. The board expressed caution about issuing exceptions that could become de facto permissions for many residential parcels.

Votes at a glance - Case 4277 (760 Flatwood Rd Lot 2; short‑term rental renewal): Denied (board concluded the ADU exceeds approved 600 sq ft); board allowed resubmission once certification provided. - Case 4278 (760B Flatwood Rd Lot 1; short‑term rental): Deferred at applicant request until reapplication. - Case 4284 (801 Chicken Rd; accessory structure height variance): Approved (size variance withdrawn; height variance approved; no commercial use allowed). - Case 4285 (743 Berkshire Dr; side‑yard variance): Denied. - Case 4286 (7255 Lebanon/Libanon Rd; short‑term rental — Tuning): Approved for one year with occupancy limits and standard stipulations. - Case 4287 (2525 Linwood Rd; height variance): Denied. - Case 4288 (622 Terrence Hill Rd; setback variances): Approved per staff recommendation after lot combination recorded. - Case 4289 (5585/109 N; RV/boat storage request): Denied (not a permitted use in A‑1; rezoning/annexation to commercial unlikely without sewer). - Case 4290 (154 Charles Smith Rd; accessory structure setback): Denied. - Case 4291 (576 Rocky Valley Rd; barn as ADU/short‑term rental): Applicant withdrew application; withdrawal allowed so the applicant may reapply after addressing septic issues. - Case 4292 (8515 Stuart St Pike; temporary fireworks stand on R‑1): Denied (not a listed use on appeal in R‑1; fire marshal review concerns).

Why it matters: board rulings rest on ordinance text (height, size and setback thresholds), building and septic certifications, and limits on what can be grandfathered after ownership changes. Several decisions underscore that approvals hinge on compliance with certificates of occupancy and documented septic capacity; applicants seeking short‑term rental status were repeatedly told that new owners must appear for approval and that staff cannot recommend uses that conflict with code.

What’s next: applicants may withdraw, defer, or reapply (denials generally carry a six‑month reapplication limitation unless the board specifies otherwise). The board set its next meeting for the third Wednesday of the month and adjourned.

Representative quotes from the meeting "I am coming in on behalf of Joanne Daley ... Joanne will be happy to make any accommodations that are necessary," said Jennifer Davis, speaking for the applicant on case 4277. "I just wish that you would wait until the new owners take over before you approve," neighbor Kristen Roth told the board about case 4277. "We do not have the certificate of occupancy on that structure," Christopher, zoning staff, told the board when recommending deferral on case 4278.

Ending: The board completed the docket after a roughly three‑hour session, leaving several applicants to address building‑code or septic issues before returning. The meeting was adjourned and members confirmed the next meeting date.