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Homewood BZA approves second-story variance at 857 Sylvia Drive

April 05, 2025 | Homewood City, Jefferson County, Alabama


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Homewood BZA approves second-story variance at 857 Sylvia Drive
The Homewood Board of Zoning Adjustment on April 3 approved a variance reducing the left-side setback at 857 Sylvia Drive from 10 feet to 8.1 feet to allow a second-story addition to an existing nonconforming house.

The application, filed by property owner Lacey Danley, argued the second-story work would not enlarge the existing nonconformity and cited Alabama Supreme Court case law as legal support. Danley told the board she and her family are living in the home during renovations and that the project team removed an attached carport and limited the request to "the minimum amount necessary to still be able to use the property right enjoyed by us." She said the house was built in 1953 under earlier zoning and that adding a second floor would not move exterior walls closer to the property line.

Neighbors spoke in favor. Natasha and David Sisk, who live at 861 Sylvia Drive, said they support the project. Melinda Sellers (841 Sylvia Drive), Catherine Herndon (849 Sylvia Drive) and Rachel Higgs (820 Sylvia Drive) also testified they welcome the improvements. Contractor Joshua Dean referenced a nearby, award-winning renovation on Sylvia Drive as an example of the intended quality, and architect Ben Stroud told the board he was concerned about structural compromises if exterior walls were moved inward.

Board discussion focused on whether a vertical addition constitutes an enlargement of a nonconforming structure under the city ordinance and on the practical structural implications of forcing the owner to relocate exterior walls. The board chair read the motion to approve the variance under Article 11, Section B of the City of Homewood Zoning Ordinance; a roll-call vote recorded Miss Childs: Yes; Mister Nieves: Yes; Mister Johnson: Yes; Miss Hand: Yes; Mister Perkle: Yes. The motion carried unanimously.

The board noted the owner has one year from the decision to apply for a building permit. The chair also said the meeting display included the plaintiff's cited case law for members to review; staff contact for next steps was provided as Emily Harris Miller.

All quoted statements are taken from the public hearing record of the April 3, 2025 Board of Zoning Adjustment meeting.

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