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Board rejects three‑story plan for bluff-front duplex, citing lack of unique hardship
Summary
Clark & Huddleston Properties asked to build a three‑story duplex on a narrow bluff lot at 370 Rio Vista Drive; the board denied the height variance after concluding the lot’s constraints were not unique in the area and would conflict with a recent council height cap.
The Metro Nashville Board of Zoning Appeals denied a height-variance request from Clark & Huddleston Properties that would have allowed a three‑story duplex at 370 Rio Vista Drive.
Applicant Todd Huddleston told the board he purchased the bluff-front lot after staff signaled a three‑story build would be permissible; he said subsequent ordinance changes that capped 1–2 family structures at 2½ stories and 35 feet created an unforeseen constraint and left an insufficient buildable area between FEMA/floodway buffers and required setbacks. Huddleston said the lot’s narrow depth and bluff location made a full third story necessary to achieve workable three-bedroom layouts.
Board members reviewed aerials and permit histories and found multiple nearby parcels with similar floodplain and setback constraints; several members said those conditions were not unique to this lot and therefore did not meet the legal test for a variance tied to unusual land characteristics. One member noted that several neighboring three‑story buildings had building permits issued before the ordinance change but that did not create a general exception for new applicants.
After deliberation, the board voted to deny the height variance. The applicant can consider alternative designs that comply with the current 2½‑story/35‑foot standard or present additional evidence of a unique land‑based hardship.
