BZA approves 2.5-foot setback variance for pergola at Madison Cove property

The Rutherford County Board of Zoning Appeals approved a variance allowing a pergola to remain 2.5 feet inside the five-yard side setback at 3516 Shellman's Drive, finding limited neighborhood impact despite staff calling the situation a self-created hardship.

Staff member Danielle presented Application 2020-537 and said the owner began construction without a building permit, though the homeowners association had approved the structure. Danielle said the property borders a salvage yard and that the pergola is toward the rear of the lot; staff noted variance criteria are difficult to meet and characterized the situation as likely a self-created hardship.

Applicants Debbie and Kenny Kwok apologized to the board and said they believed they were following proper procedure because the HOA approved the structure. "We thought we did the right thing," Debbie said, explaining the pergola was built to house a barbecue and the contractor and HOA advised them. The applicants said they have used the pergola for nine months.

During discussion one board member said the pergola functions like a gazebo, is not near neighboring houses and does not present the same impacts as a full accessory dwelling. "It's just a gazebo or that's what I'd call it," the member said, and moved to approve the variance.

The motion passed on a roll-call vote, with one member voting no. The board approved the variance with the planning staff's explanation and conditions; staff will follow up on permitting and any required corrective steps.

The county will document the variance and any conditions in the case file and the applicants will proceed if any building-permit or ledger corrections are required.