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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 those three windows on the garage elevation are “fixed, completely fixed” and argued the site-specific conditions — a corner lot, gate swing and mature trees — make relocating the unit impracticable. Gentile said the contractor showed an 18-inch manufacturer guideline and called the situation an exception for his lot.
The city’s fire marshal, Eric Kernaghan, told the board by phone that the municipal ordinance reflects local experience with dangerous carbon monoxide (CO) levels and that carbon monoxide intrusion has reached “100 parts per million and greater” in prior cases. Kernaghan emphasized that municipal code may be stricter than manufacturer guidance and said, “no house is impervious to any type of cracks or crevices where CO can intrude into a dwelling or into an attached garage.”
Board members pressed the appellant about alternative locations and the likelihood of future owners changing windows or ventilation. Board member Ron Reddy moved to deny the variance, saying he did not hear a practical difficulty or unnecessary hardship and cited the fire marshal’s concerns. The motion was seconded; the roll call vote recorded a majority in favor of denial and the variance request was not approved.
The board’s decision noted alternatives discussed during the hearing, including reversing the gate swing, moving the path, placing the unit on the other side of the yard or routing utilities differently; several members said cost alone does not establish the legal practical difficulty needed to grant a variance.
The board closed the appeal after the vote. The appellant was advised that future changes to the house requiring active windows or new openings would be subject to code enforcement.
