Board grants floodplain waiver for nonhabitable structure despite staff opposition tied to FEMA program

Knox County codes staff told the Board of Zoning Appeals they were obligated by the county’s FEMA floodplain management participation to oppose a variance altering the county’s 500‑year floodplain guideline, but the board voted to grant a waiver for an existing nonhabitable structure at 8510 Kodak Road.

During Item 4i, staff stated on the record: "I'm required under that program to oppose this, variance request," citing the county’s role in maintaining favorable flood‑insurance discounts for other residents. Applicant James Borsch told the board a surveying error and miscommunication delayed accurate elevation information: he said the land surveyor used the wrong floodplain reference and he did not provide the correct data to the contractor.

Board members examined site photos and elevation data. One member said removing the structure now in place would impose a significant burden and moved to waive the county guideline, reducing the county guideline reference from 856.5 feet to 854.3 feet for this case. Staff cautioned the board that while the board could "defend it in an audit," FEMA might still decline to accept the variance; the board nonetheless approved the waiver by voice vote.

Codes staff flagged the broader county concern: granting variances in the program can affect the countywide flood‑insurance discount if not defensible in an audit. Board and staff discussed the late loss of a long‑time floodplain manager, which disrupted departmental responsiveness during the applicant’s process.

The board’s action applies to the specific structure at 8510 Kodak Road and does not change county floodplain policy; staff recorded that they would document the decision to support any future audit or FEMA review.