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Board grants variance for accessory structure at 1527 Compton Road after contractor error
Summary
The Board approved a 3.5-foot variance to the five-foot side-yard setback for a detached accessory building at 1527 Compton Road after staff said the building was constructed without a permit and encroached because a contractor used a neighbor's fence as the property line.
Rutherford County's Board of Zoning Appeals approved a variance allowing a detached accessory structure at 1527 Compton Road to remain 3.5 feet inside the five-foot side-yard setback requirement.
Planning staff explained that the 0.88-acre parcel had previously contained a home and that the applicant constructed the building without a permit. Upon inspection the structure was found to encroach on the side-yard setback because the contractor had measured from a neighbor's fence rather than the true property line. Staff described the encroachment as self-created but explained special circumstances shown on the plat, including locations of suitable septic soils and historical site conditions.
The property owner told the board he had hired a contractor and had been told permits were pulled; "I paid a contractor to do it and he had said that he pulled permits and apparently did not until electrical was completed," the owner said. Board members questioned whether the contractor held a valid license and discussed filing a complaint with the Tennessee licensing office regarding the contractor's conduct.
After a brief public hearing with no opposing speakers, a board member moved to approve the variance with staff comments. The roll-call vote recorded one "no" (Mike Curtis) and yes votes from the other members, resulting in approval.
The decision resolves the immediate encroachment by permitting the existing structure to remain under the conditions the board accepted and with staff follow-up as appropriate.
