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Rutherford County BZA approves accessory dwelling unit at 827 Fleming Farms Drive
Summary
The Rutherford County Board of Zoning Appeals granted a special exception to allow an accessory dwelling unit at 827 Fleming Farms Drive, approving conditions including a recorded owner-occupancy covenant after staff said the addition will meet setbacks and design to match the primary residence.
The Rutherford County Board of Zoning Appeals on Tuesday approved a special exception allowing an accessory dwelling unit at 827 Fleming Farms Drive, citing the applicants' caregiving needs and staff's recommended conditions.
Staff member Danielle outlined Application 2025-24, saying the 0.52-acre RM-zoned parcel owner seeks a 25-by-27-foot addition that would function as an ADU but did not meet standard ADU design requirements. Danielle said the applicants removed a full kitchenette and laundry room and revised interior plans to include two bedrooms, a bathroom, a living area and a wet bar to address consolidated utility district (CUD) concerns and that a recorded declaration of covenant requiring owner occupancy would be required.
Nicole Midgley, who said she and her husband own the property, described family circumstances that she said justify the addition. "My husband was diagnosed with stage 2 colon cancer," she said. "My son is developmentally delayed and I homeschool him. My parents would help care for our son and help our family through this." Midgley told the board the family bought the property in 2012 and has tried to minimize water and other impacts.
Russ Hensley, CEO of L and L Contractors, which the applicants engaged, said the contractor has worked with the family for six months to address code and CUD concerns and that the structure is intended to integrate with the primary residence. "We will do everything we can to help get this through," Hensley said.
Board members asked about setbacks and proximity to neighboring houses; Danielle said the submitted site plan shows a 20-foot separation from the adjacent property line and staff will verify setbacks during permitting. Danielle also said the county typically requires a declaration of covenant recorded with the register of deeds to ensure the ADU remains owner-occupied and not converted into separate short-term or long-term rentals.
A board member moved to approve the request with the conditions set forth by the planning department; the motion passed on a roll-call vote with all members present voting yes.
The approval is subject to the planning department's standard conditions, including recordation of the owner-occupancy covenant and verification of setbacks at permitting. The applicants will proceed to permitting and inspections before any occupancy of the addition as an ADU.
