File #: BL2021-788    Name:
Type: Bill (Ordinance) Status: Passed
File created: 6/8/2021 In control: Metropolitan Council
On agenda: 8/17/2021 Final action: 8/17/2021
Title: An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS20 to SP zoning for property located at 4020 Estes Rd, approximately 430 feet north of Hobbs Road (1.03 acres), all of which is described herein (Proposal No. 2021SP-033-001).
Sponsors: Angie Henderson
Attachments: 1. BL2021-788 Plan, 2. BL2021-788 Sketch
title
An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by changing from RS20 to SP zoning for property located at 4020 Estes Rd, approximately 430 feet north of Hobbs Road (1.03 acres), all of which is described herein (Proposal No. 2021SP-033-001).

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WHEREAS, the current owners purchased 4020 Estes Rd in April of 2017, which was marketed as having an existing detached 1,644 sq. ft. guest house and garage; and

WHEREAS, in the fall of 2020, the owners applied for and received a building permit (#2020074463) to renovate the existing guesthouse/garage into a pool-house/guesthouse by converting the garage into additional living space to relocate the existing bedrooms to the first level and constructing a carport in front of the existing structure; and

WHEREAS, after significant work was completed on the renovations, including all plumbing, electrical, and framing work, Codes determined that the building permit was issued in error and halted the permit, as the guesthouse was classified as a detached accessory dwelling unit (DADU), which is not a permitted use in the RS20 zoning district; and

WHEREAS, in January of 2021, the owners filed for an Item A appeal, challenging the Zoning Administrator's decision to halt the building permit; and

WHEREAS, on March 4, 2021, the Board of Zoning Appeals denied the owners' Item A Appeal and upheld the Zoning Administrator's decision, as the Zoning Administrator made the appropriate decision to halt the permit and granting the appeal would result in a "variance for use"; and

WHEREAS, per Section 17.40.340.A of the Metro Code, the Board of Zoning Appeals cannot grant variances to Section 17.08.030 of the Metro Code, which regulates land uses and the zoning districts they are allowed in; and

WHEREAS, if this zoning change is not granted, the only remedy to make the pool-house/guesthouse compliant would be to construct a co...

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