Sidewalk Variance on Estes was Accepted by the BZA Despite Numerous Impassioned Personal Emails

Terribly sorry to report that the variance for a sidewalk at 3706 Estes at the corner of Elder Place was accepted despite at least 9 impassioned personal emails (thank you to KJ, Andy, Amy, Gracie, Kerry, Wendy, Carmen, & John) begging for  sidewalk in this locale due to dangerous walking conditions (see photo) and non-compliance with federal law in regards to ADA. 


These emails were not even mentioned during the BZA meeting.


It is important to note that  a sidewalk here would have been the start of a network of walkability. What you cannot see from the photo is that where I was standing has a sidewalk. The new sidewalk law is meant to stich these pieces of sidewalk together to form a whole connected network eventually. My understanding is that if there is an adjacent sidewalk or a piece of a sidewalk on the block, then a variance or paying into the in-lieu fee fund was not to be.


Unfortunately, with Councilman Russ Pulley's support, the variance was granted and, yet again, we don't get the sidewalk.

Case number #2017-435 
RESULT-Granted with Condition, appellant shall pay into the sidewalk fund

CASE 2017-435 (Council District – 25)

Randall Roberts, appellant and Ira Shivitz, owner of the property located at 3706 Estes Road, requesting a variance from sidewalk requirements in the R20 District, to construct a single family residence. Referred to the Board under Section 17.20.120. The appellant alleged the Board would have jurisdiction under Section 17.40.180(B). Use-Duplex

Map 116-12 Parcel(s) 109

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On the day of this sidewalk variance request, February 1, 2018, eleven sidewalk variances were considered.  The outcome was predominantly in favor of variances allowing for more delays in the creation of a functioning network in Nashville.   Very disappointing news...




Cases/outcomes from 2/1/2018 Board of Zoning Appeals Meeting, 5/6 adjudicated were allowed to NOT build the sidewalk.


https://www.nashville.gov/document/ID/51b8ac54-60a5-4a58-bf07-36cba12a86bd/February-1-2018-Minutes




- #2017-445, Trans Canada requesting to not build a sidewalk but a new compressor station instead --- RESULT-Will remain open for 30 days since 4 affirmative votes were not cast for any motion on this case

- #2017-443, Jeff Seal, appellant and owner of the property located at 925 Archer Street, requesting a variance from sidewalk requirements in the R6 District, to construct a single family residence. --- RESULT-Granted, appellant shall pay into the sidewalk fund for the 70 ft. frontage


- #2017-442,  Mitchell Designs, appellant and owner of the property located at 318 Rosebank Avenue, Unit C, requesting a variance from sidewalk requirements in the R10 District, to construct a duplex. --- RESULT -Withdrawn

- #2017-440, Brian Watkins, owner of the property located at 907 A&B 32nd Avenue, requesting a variance from sidewalk requirements in the R15 District, to construct a single family residence on each lot --- RESULT-Granted, the applicant shall contribute in-lieu of construction of the property frontage

- #2017-439, Steve Sanders and Golden Tuch, LLC, owner of the property located at 4601 Billingsgate Road, requesting a variance from sidewalk requirements in the R15 District, to construct a residence --- RESULT –Granted, Appellant must follow planning’s recommendation to pay into the sidewalk fund, but only for the Billingsgate Road Frontage

- #2017-437, Yancy Lovelance, and LL & E Holdings, LLC, owner of the property located at 407 Humphreys Street, requesting a variance from sidewalk requirements in the MUL District, for renovation of office space --- RESULT –Granted, Appellant agrees to Planning’s recommendations to pay into the sidewalk fund

 #2017-435, Ira Shivitz, of 3706 Estes Rd, would like to build a single family home but is requesting a sidewalk variance --- RESULT-Granted with Condition, appellant shall pay into the sidewalk fund


- #2017-327, Rajesh Nair, of 446 37th Av N, would like to build a single family home but is requesting a variance against the sidewalk requirement --- RESULT-Deferred 2/15/18

- #2017-425, Jason Oggs, of 2312, 2314, 2316 Whites Creek Rd, would like to build 3 duplexes but not the sidewalk --- RESULT-Denied, appellant will need to work with planning on an alternate sidewalk plan or pay into the sidewalk fund.

- #2017-422, West Nashville Living, would like to build a single family home at 6212 Morrow Rd and replace the existing foot print of sidewalk instead of the new wider sidewalk and grass strip --- RESULT-Deferred 2/15/18

- #2017-413, Ambrosia Catering, would like to build a new kitchen but is requesting a variance against the sidewalk requirement --- RESULT-Withdrawn