Board of Zoning Appeals approves James Low’s appeal, allowing porch work to proceed

The Blount County Board of Zoning Appeals approved an appeal by homeowner James Low on March 2026, reversing a building commissioner’s denial of a permit for a porch at 252 Montville Road in Marville.

The decision followed testimony that the porch predated the county’s setback rules, was removed years ago after termite damage and only recently was rebuilt when Low could afford it. A building-department official had denied the permit because the reconstructed porch infringed the county’s 30-foot setback and because a 24-month window to rebuild a demolished nonconforming structure had elapsed.

James Low, who identified himself at the podium, said the original porch was removed after termites damaged the structure and that he lacked funds to rebuild until late 2025. “The porch was originally built on the house when the house was built originally and the the porch ended up getting eat up with termites. So I had to remove the porch,” Low said. He told the board he had an engineer’s letter indicating the work meets building code and said he was prepared to submit it if the board overturned the denial.

Supporters including Sam Welsh corroborated Low’s account, with Welsh saying the porch “had been on that house for as long as I can remember.” Jessica Saxton, a public commenter, argued the denial raised potential constitutional concerns under the Fifth Amendment, saying, “no person should be deprived of life, liberty, or property without due process of law.” The county did not adopt a takings claim nor announce compensation; Saxton’s remarks were noted without formal response.

At first, a board member moved to deny the appeal and the motion was seconded. After that vote, staff read the appeal rules aloud, noting the board must act within 60 days and that if the three-member panel does not reach a unanimous decision one way or the other, the appeal is treated as approved by default. A board member then moved to approve the appeal on hardship grounds; the motion was seconded and the panel voted unanimously to approve the appeal.

The board’s approval reverses the building commissioner’s denial for the purpose of allowing Low to pursue a permit; the board emphasized that approval does not waive code and building-permit requirements. The board instructed Low to submit the engineer’s letter and to secure all required permits and inspections before continuing work. “Make sure you get all your building permits and everything and permission and inspections,” a board member told Low.

Clarifying details provided during the hearing: county setback standards cited a 30-foot front setback; the zoning regulations referenced a 24-month rule for rebuilding a demolished nonconforming structure; Low and a supporter estimated roughly $20,000 had been spent on repairs and the porch reconstruction; photographs and receipts were offered as evidence and a specific engineering letter was mentioned but not entered into the record during the hearing. The board did not adopt an order with specific conditions during the meeting beyond directing Low to obtain required documentation and inspections.

Next steps: Low is expected to file the engineer’s documentation with the building department and apply for the formal building permit; staff will review the submission and schedule required inspections. The board closed the meeting after completing the appeal and other routine business.