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06/04/26 Board of Zoning Appeals
Thursday, Jun 4, 2026
Religious Institution Special Exception Vote Tied, Postponed to Next Meeting
Case 38, concerning Gina Incam's request for a special exception for a religious institution at 3824 Brick Church Pike, resulted in a tied vote (3 for, 2 against) and will be postponed to the June 18th meeting. Ms. Davis, initially absent, reviewed the record and voted against the motion, causing the tie. If the vote remains tied after the next hearing, the application will be denied by operation of law.
Daycare Permit Case Withdrawn Due to Regulatory Change Allowing Permits by Right
The board considered Case 83, involving Quinishia Booker at 817 Joseph Avenue, for a daycare permit. This case was withdrawn because the Metro Council amended regulations, now permitting daycare homes by right with conditions, eliminating the need for a special exception and public hearing. This change aims to increase childcare facilities. Ms. Booker's permit will be issued directly once all approvals are met.
Multiple Zoning Variances and Special Exceptions Approved on Consent Agenda
The board handled several consent agenda items where no opposition was present. These included variances for two detached structures at 2312 Clarksville Pike (Case 28), an inground swimming pool at 702 Bowling Avenue (Case 66), an addition to a non-conforming structure at 5208 Illinois Avenue (Case 68), a special exception for a daycare center at 2618 Buchanan Street (Case 76), a variance for a detached garage at 470 Rochelle Drive (Case 78), a variance for a covered porch at 803 Washington Avenue (Case 79), and a variance for a single-family residence at 3702B Estus Road (Case 82). All consent agenda items were approved, with Case 82 requiring a separate motion due to a board member's recusal. Additionally, Case 86 (1413 4th Avenue South) was also approved on consent.
Davidson Case Postponed for Additional Site Plan Information
The board addressed Case 74, involving Davidson, which was automatically deferred due to the applicant's absence. The postponement was requested by a council member and the zoning administrator for additional information, specifically a more comprehensive site plan. The case is rescheduled for July 16th at 1 p.m., with no new notice required. Members of the public present in opposition were advised to work with their council member and reach out to the appellant.
Variance for Single-Family Home Height Deferred Due to Code Interpretation and Hardship Justification
The board deferred a case involving a variance request for a single-family residence at 2327 C Whites Creek Pike. The applicant, Dirk Cheatwood, owner of Nashville Real Estate Incorporated, is seeking a variance from the 2.5-story height limit (35 ft) in the R6 district, as his proposed three-story home, including a garage, was determined by staff to exceed the new code. The applicant cited topography and subsurface limestone as hardships preventing him from lowering the house's grade or modifying the design to meet the 'half-story' definition. The board struggled with the definition of a half-story and whether the garage constituted a story or a basement. They ultimately deferred the case for one meeting to allow the applicant to provide more information or adjust plans to demonstrate compliance or further substantiate the hardship.
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