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Homewood BZA approves second‑story setback variance for 857 Sylvia Drive
Summary
On April 3, 2025, the Homewood Board of Zoning Adjustment unanimously approved a variance allowing a second‑story addition at 857 Sylvia Drive that reduces the left‑side setback from 10 feet to 2 feet; the applicant must apply for a permit within one year.
The Homewood Board of Zoning Adjustment on April 3 approved a variance allowing property owner Lacey Danley to add a second story to the existing house at 857 Sylvia Drive, reducing the left‑side setback from 10 feet to 2 feet. The board voted 5–0 to grant the variance; applicants have one year to apply for a building permit.
Danley told the board she and her husband live in the home with three children and a part‑time disabled parent and said the structure was built in 1953 under earlier zoning rules. She argued the proposed second story would not increase the existing nonconformity and cited Alabama Supreme Court precedent to support her position. "The definition of adding a second story does not do that," Danley said, arguing that the addition would not encroach further on the property line.
Several neighbors spoke in favor of the project. Natasha and David Sisk, who live next door at 861 Sylvia Drive, said they supported the Danleys’ renovation. Other neighbors — Melinda Sellers (841 Sylvia Drive), Catherine Herndon (849 Sylvia Drive), and Rachel Higgs (820 Sylvia Drive) — also urged the board to approve the variance. Contractor Joshua Dean and architect Ben Stroud described construction plans and structural considerations; Stroud emphasized that maintaining exterior load‑bearing walls for the second story is a sound construction practice.
City staff referenced the zoning ordinance and the board’s long‑standing interpretation that raising the height of a nonconforming structure can require review because height changes may affect neighbors’ light and privacy. Board members asked whether the addition would expand the existing footprint; the applicant said the proposal places the second story directly over the current first‑floor walls and does not push exterior walls closer to the lot line.
After discussion the board approved the variance. The chair directed the applicant to contact planner Emily Harris Miller to proceed; staff also made the Alabama Supreme Court decision the applicant cited available by email.
Votes at a glance: motion to approve case SV250401 (857 Sylvia Drive) carried 5–0. Board members recorded as voting yes: Miss Childs; Mr. Nieves; Mr. Johnson; Miss Hand; Mr. Perkle.
