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Zoning board gives Leftwich six months to apply for replacement permit, requires moving nearby outbuildings
Summary
Charles Leftwich told the Wilson County Board of Zoning Appeals his home burned in May 2024; the board extended the one-year application deadline by six months but left accessory-structure variance unresolved and required the applicant to move 2–3 buildings to meet setbacks.
Charles Leftwich, whose home burned on May 25, 2024, told the Wilson County Board of Zoning Appeals at its July meeting that he missed a one-year deadline to apply for a replacement permit while recovering from illness and the death of his wife. The board voted to extend the deadline to apply for the replacement permit for six months and directed him to move a small number of accessory structures so his new house can meet setback rules.
Leftwich said he was hospitalized twice in 2024, lost his wife earlier that year and was working to salvage belongings when the house burned. "My house burnt down on May 25. ... I did not realize I needed to replace it within a year. No one had ever told me that," Leftwich said during public comment (applicant Charles Leftwich).
Staff told the panel it can waive building-permit fees for new construction if permits are pulled within one year of a disaster, but the zoning ordinance contains no explicit language giving staff authority to waive fees for replacement permits. Staff also noted the lot in question was not an older tract of record and therefore could not recommend approval of a setback variance for accessory structures that are as close as 3 feet apart.
Board members debated whether to separate the fee/permit-extension question from the accessory-structure variances. One member moved to give Leftwich 60 days to apply for the permit; after reconsideration the board amended the motion and approved a six-month extension. The chair said the board expects Leftwich to remedy the separation conflicts by moving two or three small buildings so the property will meet setback requirements.
The board’s action allows Leftwich time to apply for a replacement permit and clarifies that staff will consider stormwater and other state-required fees; the accessory-structure variances were not granted and must be corrected for a new certificate of occupancy or permit to be issued.
The board closed the public hearing on the case after Leftwich’s testimony and voted to extend the application period and require remediation of the setback conflicts within the new timeframe.
