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Birmingham BZA denies Latham Street variance for closer generator over carbon monoxide concerns
Summary
The Board of Zoning Appeals denied a request from the owner of 1133 Latham Street to place a standby generator 3 feet from a habitable structure rather than the 5 feet required by the zoning ordinance, citing public-safety evidence from the fire marshal and alternative siting options on the lot.
The Birmingham Board of Zoning Appeals on an appeal for 1133 Latham Street denied a homeowner’s request to place a standby generator 3 feet from the house, instead of the 5 feet required by the city’s zoning ordinance.
The city’s presenter, Andrew Erickson, summarized the request as a dimensional variance under Chapter 126, Article A, Section 4.03(N)(1), stating the required clearance is 5 feet and the applicant proposed 3 feet, a requested variance of 2 feet.
The request prompted a safety-focused exchange. John Gentile, the homeowner and appellant, told the board…
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