BZA Grants Variances For Home in Violation of Codes

The Board of Zoning Appeals (BZA) for the City of Hohenwald met on Tuesday, May 11, 2021 to discuss the property of Jenelle Evans, 208 S. Maple. All board members were present except Kevin Baker.

Evans’ property was called into question when it was listed for sale. A member of the BZA, in researching the situation prior to the meeting, found there were no permits on file at City Hall for the building of the house in 2013.

A structure built without proper permits would be deemed illegal.

Concerned, the board member contacted state officials, then visited Evans’ home and talked with her to present the information. “If it was built illegally then it was a criminal offense,” said Evans.

After some digging, Evans found her copies of the original permits she saved, proving the house was built legally. She presented copies to the City Friday, prior to the meeting.

It is unknown why the City did not have the permits on file.

“I just want to apologize to you that anybody made you feel like it wasn’t [legal],” said board member Stephanie Runions, “They should have never, ever shown up at your house.”

Evans indicated, in a telephone interview this week, the situation was upsetting. But stated, she appreciated the board member’s concern and believed he was doing everything he knew to do to help.

Evans told the BZA she wished to go through any process necessary to sell the home to potential buyers, Larry and Glenda Hammack, who were also present.

According to Building Code Inspector Brad Rasbury, the house did violate two city ordinances for houses in the Historic District; the fence was too close to back of the house, and the house was less than fifty feet from the road.

Rasbury pointed out that the ordinance concerning the proximity of the house to the fence was created so that first responders could perform their duties, if needed.

Evans built the house in 2013 as an investment property to help house an elderly couple who could no longer afford their rent. The pre-existing carport was written as a mother-in-law suite on the permit, which technically made the structure illegal.

“Technically, it is an illegal structure because you can’t have two primary residences on the same property,” said Rasbury, “With that being said, she went through everything she was supposed to. It is no fault of her own that it ended up here and the City let it happen. So we need figure out some kind of remedy for her.”

The board members were all in agreement with Mr. Rasbury. The board passed a variance for the fence being six feet from the house instead of ten, and for the 46 feet distance instead of 50 feet from the street to the front of the house.

“If [the house] exists by variance and, God forbid, something happened to the home and they had to rebuild.... I don’t want them to not be able to rebuild their home,” said board member Dale Floyd.

“As long as they went back with the same basic footprint, with the same sized home, then there should be no issue in rebuilding,” responded Rasbury.

A motion to approve the variances was made by Floyd, with a second by board member Clasha Tanner, and the motion was approved in a unanimous vote.

Scarberry Garage

Josh Scarberry came before the board to ask for permission to build a two-car garage onto the left side of his existing home.

The garage would impede upon the 15 foot setback by nine feet, and would put the structure approximately six feet from the property line.

Rasbury and Fire Chief Steve Vineyard said they had no problem with the addition. Floyd made a motion to approve and board member Scottie Bass seconded the motion, and the addition was unanimously approved.

Also present for the meeting was EC&D Coordinator Helen Ozier.