Planning & Development: Board of Adjustment Applications for May 24, 2023

Applications for this month’s BOA include a seasonal nursery in Millington and a request for multi-family use for the former Keeray’s & Grill on South McLean 

This month’s Board of Adjustment cases arrive from 11 applications, most for minor requests for allowances outside of codified zoning.

Included is a request by A + Services Landscape & Nursery for a seasonal retail nursery with a greenhouse along Highway 51 in Millington on vacate land currently zoned for residential use (Item 7 below, BOA case 23-052).

Above: the proposal from A + Services Landscape & Nursery would add a seasonal retail nursery with greenhouse to this location along Hwy 51 in Millington. (Google images)

Also included is a request from The Mathews Realty LLC to restore the former Keeray’s & Grill in the Rozelle-Annesdale neighborhood at 975 S. McLean, vacant since 2014, and restore it multi-family use. (Item 2 below, BOA 23-046)

In the application, the applicant said that “975 S McLean has been vacant since 2014. Although it is not occupied, the charm and character illuminates the corner of Felix Ave and S. McLean. I intend to restore this building in its natural state, and preserve the elements that make it such a unique build. The property is currently divided into four separate units from (its) previous use as restaurant, two residentials and store.

“There will be no change to the physical layout structure. The building is divided from past owners. we intend on updating the siding, roofing and windows.”

Above, the proposal from The Mathews Realty LLC would update the now-vacant and former Keeray’s & Grill (left) and restore it to multi-family use. (Google images)

The remaining Board of Adjustment cases are listed below.

Posted by the Division of Planning and Development:

The 11 cases listed here have been filed with the Division of Planning and Development for consideration before the Memphis and Shelby County Board of Adjustment during its regular meeting on Wednesday, May 24, 2023 at 2PM in the City Council Chambers of City Hall, 125 N. Main Street.

Please provide any written comments you may have to the staff planner indicated below by Wednesday, May 17 at 8AM so they can be incorporated into the staff report. (Note: Going forward, the date for agency and public comments will be the Thursday before the date of the meeting.) You may also attend the meeting to provide verbal testimony on any of these matters. The staff planners assigned to each case are listed below.

Full applications for these cases may be accessed from this website:

You may view this meeting on YouTube at the following link:

  1. BOA 23-045: RALEIGH ADJACENT: variance from Sub-Item 4.9.6E(2)(g)(iii) to allow an electronic message sign less than 20 square feet within 100 feet of a residential district for Antioch Missionary Baptist Church at 4715 New Allen Rd. Staff Planner:
  2. BOA 23-046: ROZELLE-ANNESDALE: use variance from Table 2.5.2 to allow Multifamily in the Residential Single Family – 6 (R-6) zoning district at 975 S McLean Blvd. Staff Planner:
  3. BOA 23-047: EAST MEMPHIS: variance from Sub-Section 3.10.2B to allow parking within the required 8 foot setback in the Commercial Mixed Use – 1 (CMU-1) zoning district at 3388 Poplar Ave. Staff Planner:
  4. BOA 23-048: COLONIAL ACRES: variance from Paragraph 2.7.2B(1) to allow an accessory structure taller than the principal structure at 1631 Colonial Rd. Staff Planner:
  5. BOA 23-050: EAST MEMPHIS/COLONIAL VIEW: variance from Sub-Section 4.6.7C to allow a front yard fence higher than permitted at 4915 Marion Ave. Staff Planner:
  6. BOA 23-051: EAST MEMPHIS/PLEASANT ACRES: variance from Sub-Section 3.9.2H to allow a street-facing garage and to allow an addition to encroach into the platted front yard setback at 709 W Suggs Dr. Staff Planner:
  7. BOA 23-052: MILLINGTON ADJACENT/KERVILLE: use variance from Table 2.5.2 to allow a retail nursery in the Residential Single Family – 8 (R-8) zoning district at 9380 US Highway 51. Staff Planner:
  8. BOA 23-053: BERCLAIR: variance from Paragraph 2.7.2B(1) to allow an accessory structure taller than the principal structure, Paragraph 2.7.2A(4) to allow an accessory structure to be located within the front yard, and Item 4.5.2C(1)(d) to allow a front yard parking pad at 1509 Russwood Rd. Staff Planner:
  9. BOA 23-054: ARLINGTON ADJACENT: variance from Sub-Section 3.6.1A and Paragraph 2.7.2A(1) to allow an encroachment of the principal structure into the required side (interior) setback and accessory structures closer than five feet from the rear property line at 10854 Millington-Arlington Rd. Staff Planner:
  10. BOA 23-055: CENTRAL GARDENS: variance from Paragraph 2.7.2B(2), Item 2.7.2D(1)(a), and Paragraph 2.7.2D(6) to allow an accessory dwelling unit above 20 feet in height closer to the side and rear lot lines than permitted and on a lot less than 7,000 square feet and with non-clerestory windows within 10 feet of an abutting property at 1432 Harbert Ave. Staff Planner:
  11. BOA 23-056: WHITEHAVEN: variance from Paragraphs 4.9.7B(2), 4.9.7B(5) and Sub-Items 4.9.6E(2)(g)(II) and 4.9.6E(2)(h)(IIII) to allow a detached sign taller and larger than permitted and with video/electronic message board technology that is not permitted at 1757 Wilson Rd. Staff Planner:

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