Board of Adjustment – May 20, 2024

Board of Adjustment Addresses Accessory Dwelling Unit Variance Request – May 20, 2024

The City of Nashville Board of Adjustment convened on May 20, 2024, to address a key request concerning an Accessory Dwelling Unit (ADU) and review prior meeting minutes. The Board of Adjustment is a quasi-judicial body, meaning its decisions are based on evidence presented and adherence to city ordinances and state law – similar to a court hearing. This meeting primarily focused on a variance request from Jason and Rachel Brownlee, but also included procedural items.

The meeting began with a review of the Board’s role and procedures, emphasizing their responsibility to make decisions based on competent material evidence according to city ordinances. Following brief introductions and a unanimous approval of the minutes from their April 22nd and March 25th meetings, the Board turned to the main item on the agenda: a request from Jason and Rachel Brownlee for variances related to an ADU they plan to build at their property located at 7 Pencroft Place. The Brownlees sought permission to reduce the required front setback from 25 feet to 15 feet and to construct their ADU in the front of their primary residence.

The core of the discussion centered on the hardship faced by the Brownlees, stemming from revisions to FEMA floodway and floodplain maps in 2010. These revised maps now encompass a significant portion of their property, restricting construction within the floodway and impacting potential additions to their existing home. The Brownlees explained that the proposed ADU would be located outside of the floodway and above base flood elevation, addressing their need to accommodate Jason's mother’s future housing needs while navigating the challenges posed by the floodway designation. City staff, including Residential Review Specialist Tyler Kelly, provided context on relevant Unified Development Ordinance (UDO) sections and the impact of floodplain regulations. A brief overview was provided regarding how flood maps are updated, highlighting Nashville’s stricter standards compared to state and federal guidelines.

Ultimately, the Board unanimously approved the Brownlee’s variance request. This decision allows them to proceed with constructing their ADU, adhering to all other building codes and regulations. No public comments were received during the meeting. While no specific action items were assigned, the Board did briefly discuss the potential for future updates to FEMA flood maps and their possible impact on properties throughout the city. Vice Chair Elliot Smith reiterated the Board’s commitment to upholding legal standards in their decision-making process.

This outcome is significant for residents as it demonstrates the Board of Adjustment's willingness to consider hardship cases arising from changes in regulations, like those related to floodplains. It also highlights the increasing prevalence of ADUs as a housing solution within Nashville, and the Board’s role in navigating complexities related to zoning and flood regulations.