Board of Zoning Appeals approves variance to reduce side setbacks at 1092 Hickory Harbor Drive

The Sumner County Board of Zoning Appeals approved a variance on March 13, 2025 to allow a primary dwelling at 1092 Hickory Harbor Drive to encroach into the required side-yard setbacks, reducing each side setback from 20 feet to 10 feet.

Assistant County Planner Sydny Simpson told the board the property is in the Rural Residential zoning district, is platted in 1964 and contains approximately one acre. Simpson said the applicant requests a 10-foot side setback on each side; under the county’s Zoning Resolution a lot created before 1973 and less than 40,000 square feet may qualify for a 10-foot side setback, but because this parcel is roughly one acre it is otherwise subject to the 20-foot side setback. Simpson displayed the plat, the proposed house footprint, retaining-wall and soils constraints and recommended motions, and stated staff finds the application meets the eight findings of fact required for a variance.

Neighbors at the public hearing opposed the variance. Kathy Cook, who lives at 1090 Hickory Harbor Drive, said moving the house 10 feet closer would partially block her lake view and harm her house. Stewart Fisher (1087 Hickory Harbor Drive) asked how the change might affect future development nearby. Mark Davis (1094 Hickory Harbor Drive) expressed specific fire-safety concerns, noting limited water access and arguing setbacks exist for safety reasons. Andy Leath (124B West Main, Gallatin) said the 1964 plat contains narrow lots and that many lots historically functioned with smaller building envelopes, arguing the proposed siting reflects topographic constraints.

Chair Bruce Rainey and Director of Planning and Engineering Josh Suddath discussed the county’s history of variances for pre‑1973 lakeside lots and noted that a 2020 revision to the Zoning Resolution added provisions addressing nonconforming lots created before zoning. The board voted after discussion; Vice Chairman Jim Harrison moved to approve per the staff’s example motion, Mac Holt seconded, and the motion carried 3–1 with Sean Keene opposed and Commissioner Shannon Burgdorf absent. The approval included the condition that all required zoning, building and land‑disturbance permits be obtained from applicable county departments.

The variance affects a property identified as Tax Map 157F, Group A, Parcel 6.01 and is intended to allow construction of a modest house sited toward the rear of the lot because of topography and soils constraints. The board’s action does not itself change the Zoning Resolution; it provides individual relief tied to the applicant’s site plan and is subject to the usual permitting process. The board moved on to other items and adjourned later in the meeting.