BZA approves variance for pool house at 640 Shirley due to lot shape and DTE constraints

The Birmingham Board of Zoning Appeals approved a variance to allow a pool cabana at 640 Shirley to sit 21.6 feet from an adjacent primary structure instead of the 31.5 feet required under the zoning formula (a requested variance of 9.9 feet).

Andrew Erickson presented the appeal under Chapter 126, Article 4, Section 4.03(b). Sabrina Brown of Mosier Design, Landscape Architecture, spoke for the homeowners, Teresa and Joseph Carter, and described site constraints: overhead DTE utility lines, large existing trees on adjacent lots, drainage plans designed to keep stormwater on the property, and mechanical connections on the north side of the house. Brown said the pool shell is under construction and that designers had placed the cabana to minimize tree-root disturbance, maintain drainage, and reduce long mechanical runs.

Brown told the board that DTE had reviewed and provided clearance for the current location and that both adjacent neighbors provided written support included in the board packet. She described the structure as a modest bathroom/changing room and storage for pool supplies, not housing pool pumps or heaters, and said screening with evergreens is planned.

Board members discussed alternative locations and the practical impacts of moving the cabana closer to the pool (loss of usable patio area) or further west (damage to tree roots and conflicts with overhead utilities). Board member Sean Miller moved to approve the variance, citing the lot’s tapered front width, the overhead-utility constraints and neighbor approvals; the motion carried on roll call with a majority in favor, and the variance was granted.

The board recorded that the condition is specific to the site’s geometry and utility easements and required no additional public-safety mitigation. Staff and applicant were to document DTE clearance and neighbor approvals in permit records.