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ZBA rejects plan to split a conforming lot into two nonconforming lots at 401–405 Second Street
Summary
The zoning board denied a petition to subdivide a 15,000‑square‑foot parcel into two smaller lots, saying the applicant did not demonstrate a hardship sufficient to make a conforming lot nonconforming for subdivision.
The Tuscaloosa Zoning Board of Adjustments denied a request to subdivide a conforming 15,000‑square‑foot parcel at 401–405 Second Street into two undersized lots intended for small, affordable houses.
Applicant Mike Hicks of Herndon Hicks Associates said the owner wants to create smaller, lower‑maintenance lots and argued that nearby parcels include many nonconforming lot sizes. Staff confirmed the proposal would create two lots that do not meet SFR‑2 minimums (9,000 square feet and 75 feet width for conforming lots); the proposal would result in two nonconforming parcels.
Board members said taking an existing conforming lot and making it nonconforming is poor practice without a regulatory hardship; they found the petitioner had not shown the legal hardship required to approve the variance. The board voted to deny the variance.
Outcome: ZBA denied the variance (ZBA‑12‑25). The petitioner may revise the plan or appeal the decision per the board’s notice on appeals and procedures.
