Board approves limited cross-access waiver for Church of the City expansion at 828 Murphy'sboro Road

The Franklin Board of Zoning Appeals unanimously approved a variance on March 5 allowing the Church of the City to defer paving a small portion of a required cross-access connector at 828 Murphy'sboro Road while keeping the connection on recorded plans.

Staff told the board the site plan and final plat show the cross-access and that the city's ordinance generally controls over private agreements, but staff also said a 25-foot private landscape easement recorded in 2005 complicates construction because Henley homeowners claim the easement restricts uses to landscaping. Staff concluded the physical condition could accommodate the connector (criterion one not met) but recognized potential practical difficulty in altering the recorded easement (criterion two met) and found no substantial detriment to the public good (criterion three met). Because staff could not definitively find all criteria satisfied, staff recommended denial, but the board considered the specific circumstances and approved the variance.

A Church of the City representative said the project is large—described in oral remarks as a $50 million, 50,000-square-foot, 40-acre expansion to support foster families, housing and mission partners—and that the applicant is not asking to remove the connector from plans but only to postpone paving the small portion that lies on Henley’s private easement. The representative said the deferment avoids litigation and lengthy re-submittal processes while preserving the city’s future options.

Tim Engel, president of the Henley homeowners association, representing 87 homes, told the board that the 2005 easement was negotiated to preserve privacy and that homeowners have relied on that recorded right; Henley’s attorney had submitted a letter asserting the easement limits uses to landscaping and that Henley cannot unilaterally authorize altering it.

Board members discussed that the recorded easement is a private matter but acknowledged the unusual circumstances created by the conflict between a long-standing private agreement and the city's connectivity requirement. Several members said leaving the connector on the plat while allowing a temporary deferral of paving balanced city connectivity goals and homeowners’ legal rights. The motion to approve was made by Board member Scales, seconded by Board member Beams, and passed unanimously.

The approval allows the Church of the City’s expansion project to proceed with the connector shown on plats and site plans while postponing immediate paving of the portion that crosses the private easement; if circumstances change and streets are converted to public or easements are amended, the city’s connectivity intent remains intact.