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BZA denies garage setback variance for Southgate Road property, cites lack of legal hardship
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Summary
The Board denied a request to locate a detached garage within the corner‑side setback at 1503 Southgate Road, finding the applicant failed to demonstrate the legal hardship required for a variance. The board noted alternatives and split on an initial vote before denying the variance.
The Board of Zoning Appeals denied a variance request from a Southgate Road homeowner to place a detached single‑car garage 10 feet from the corner‑side property line where 15 feet is required.
Kim Firkins, the applicant, said the proposal would "keep the garage adjacent to the home behind the front facade and in cohesion with the existing structure's orientation and proportions," and described lot irregularities and circulation constraints that informed the design. Engineering and board members pressed whether the garage could be located farther back or shifted to reduce the variance magnitude; staff and members noted existing driveway geometry and maneuvering requirements but several members said they could not find the legal hardship standard met.
During debate one board member said, "I'm having trouble seeing an exact hardship," and the panel split on an initial motion. The board then moved to deny the variance on the ground that the applicant had not demonstrated the required hardship; the board clerk reminded the applicant of a roughly 15‑day window to appeal the denial to Knoxville City Council.
The board’s decision was procedural and based on the variance criteria in the zoning ordinance; the transcript records questions about alternative placements, architectural composition and turning radius but the board concluded the least‑variance standard was not satisfied.
