Getahn Ward

The Tennessean

In May, the Metro Board of Zoning Appeals upheld city's zoning administrator opinion granting a building permit for the tiny home village.

Neighbors are challenging that decision, arguing the project's sponsor isn't a religious institution.

They argued that the tiny homes village isn't a use permitted on the church's property and named Vanderbilt and Saint Thomas among collaborators with Open Table Nashville on the project.

Zoning Administrator Bill Herbert said federal and state laws exempt churches from local zoning regulations.

Two dozen Glencliff area neighbors are challenging the Metro Board of Zoning Appeals' decision to allow 22 micro homes for the homeless on a Methodist church's property.

In their request for reconsideration or re-evaluation of actions filed with Davidson County Chancery Court, the residents argued against construction of the tiny homes on grounds that the project planned at 2901 Glencilff Road would be undertaken by nonprofit organization Open Table Nashville rather than Glencliff United Methodist Church itself.

In May, the Board of Zoning Appeals voted 5-2 to uphold Metro Zoning Administrator Bill Herbert's opinion that a building permit should be issued on grounds that the project falls within the church's mission. Herbert had cited federal and state religious land use laws as protecting places of worship from discrimination and burdensome zoning rules, adding local governments cannot curtail religious exercise when it applies land use regulations.

"While I am very sensitive to the feelings of the neighborhood on this issue, I am compelled to follow both federal and state law that generally exempts churches from local zoning regulations," he said in response to the residents' latest appeal.

But the neighbors are asking the court to reverse the board's decision and for an award of attorney's fees. They argued that the tiny homes village isn't a use permitted on the church's property under Metro's planning, zoning and land use laws, which protect property values and safety of the neighboring community.

The neighbors identified Vanderbilt and Saint Thomas hospitals as collaborators with Open Table Nashville's project, adding the nonprofit organization hasn't been shown to be a religious institution.

The micro home village that would provide temporary, transitional housing for homeless persons is planned for part of the undeveloped, vacant land next to Glencliff United Methodist, which owns nearly six acres. With Monday's $30,000 donation from the Rotary Club of Nashville, Open Table Nashville now has sponsors for 16 of the 22 planned micro homes.

In addition to the Metro Board of Zoning Appeals, Glencliff United Methodist, the Tennessee Conference of the United Methodist Church and the Nashville area's United Methodist Bishop William McAlilly are named co-defendants in the neighbors' lawsuit.

Attorney L. Marshall Albritton of Parker, Lawrence, Cantrell & Smith is representing the residents. Buerger, Moseley & Carson PLC represents and plans to file responses on behalf of Glencliff United Methodist, the Tennessee Conference and Bishop McAlilly.

"Addressing transitional housing for persons experiencing homelessness is an important part of the mission of United Methodists and we are optimistic that the Court will affirm the determination of the Metro Board of Zoning Appeals that a religious accommodation to allow this project was appropriate," said Lisa M. Carson, an attorney with that firm.

Reach Getahn Ward at gward@tennessean.com or 615-726-5968 and on Twitter @getahn.