McBride v. Farragut Board of Zoning Appeals, (Tenn App November 29, 2012) The petitioning homeowner, lived in a residence constructed in 1971 with a raised concrete deck on the rear of her home. In 2011, she submitted an application to erect columns and a roof over the existing deck. The local zoning ordinance permitted patios and decks and other non-roofed and on enclosed appurtenances to be placed within 10 feet of the side and rear property lines. On the other hand, the principal building had to be 25 feet away, and the zoning administrator concluded that putting a roof over the existing deck which converted into a part of the principal building and as a result would require it to be 25 feet away from the property line. Since the deck was roughly 18'7" away from the rear property line, a variance was necessary. The homeowner applied for a variance to the board of zoning appeals but was denied because there was no evidence that there was any exceptional physical feature the property justifying relaxation of the 25 foot side and rear yard requirement. On appeal to the trial court, the zoning board decision was reversed. The trial court felt that the pre-existing deck, as a part of the original principal structure, was basically exempt from the 25 foot rear yard requirement. The colloquy between Court and counsel is reprinted in the decision, and the court carefully asks whether or not the deck will be enclosed. It was not proposed …
Tune, Entrekin & White, P.C. congratulates managing partner Thomas White for his induction into the HBAMT Hall of Fame during the 80th Annual Home Builders Association of Middle Tennessee Installation & Awards Banquet. He has served as counsel to HBAMT for over fifty years. Read more about his HBAMT Hall of Fame induction here. …