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Board says produce stand as described does not require variance; cautions on future commercial sales
Summary
The board found that, under the applicant's present description (primarily donations/honor‑box), a use variance is not required for a rolling produce stand at 2708 Hollywood Boulevard but said the applicant must return if he charges fixed prices or runs the stand as a business.
The Clarksville Board of Zoning Appeals on Feb. 25 concluded that a neighbor's rolling produce stand need not be approved by variance—so long as it continues as a donation‑based or honor‑box effort rather than a fixed‑price commercial operation.
Planning staff told the board the town’s home‑occupation rules permit certain activities conducted entirely within a dwelling or garage, while seasonal sales and roadside stands can require variances. The applicant, Brian Morgan, told the board he is a 100% disabled Air Force veteran and that his plan is a rolling cart placed on a private landing, returned to a garage at night; he said most distributions have been donation‑based and that any payments would be via a lockbox or QR code rather than staffed cash collection.
Morgan said, “I’m a 100% disabled veteran. I’m retired Air Force,” and described the rollaway cart and honor‑system approach. The board heard written objections from immediate neighbors Joseph and Jenna Smith expressing concerns about traffic, parking, safety for children and the potential for precedent. Board members and staff discussed differences between donation‑based sharing and a commercial home occupation. Staff said sales conducted entirely inside the home or garage would not require the variance, while a roadside vendor charging fixed prices would.
After deliberation the board voted that under the circumstances described—primarily donations and honor payments—the activity did not constitute a home occupation requiring a variance; the board advised Morgan to return if his operation evolves into fixed‑price sales or a formal business.
The decision leaves enforcement and any future changes contingent on the applicant’s operations. If Morgan seeks to charge set prices or operate regularly as a business, he was advised to apply for the appropriate permits and come back before the BZA.
