Birmingham City Board of Zoning Appeals grants three variances, denies side‑yard generator at 309 Arlington

The Birmingham City Board of Zoning Appeals approved three property‑specific variances and denied one request to place a standby generator in a side yard during its regular monthly meeting.

The board voted to grant variances for 495 Vinewood, 270 South Glenhurst and 1155 Webster and rejected a side‑yard generator location for 309 Arlington. The board also postponed the appeal for 1061 Forest to the next meeting so staff can complete additional notification and review.

City building staff presented each appeal, explaining the specific section of the zoning ordinance at issue. Assistant building official Mike Morad told the board that the single‑family open‑space requirement in the zoning ordinance is “the minimum open space required is 5,665.6 square feet or 40%” and that the 495 Vinewood proposal would reduce that open space (staff provided existing and proposed figures and explained mitigation to convert some areas from impervious to pervious). The applicant’s representative, Matthew Glakowski, said the proposal would replace an old, failing driveway “and they access the garage on the back of the property that way.”

495 Vinewood (Appeal 25‑24): The board approved a motion to allow the owner to replace the existing driveway in the current footprint tied to the plans submitted at the hearing. City staff described the proposal as reducing some impervious surface through mitigation while replacing the driveway slab. The motion to approve carried on a roll‑call vote and the chair announced the variance was granted.

270 South Glenhurst (Appeal 25‑25): City staff said the owners sought a rear‑yard variance so they could attach a retractable pergola that would leave a roughly 7.5‑foot setback from the rear lot line. Applicant representative Jason Armbruster of Great Oaks Landscape described the lot as unusually shaped and said the retractable pergola was proposed to provide covered outdoor cooking and entertaining space adjacent to the house. The board debated whether the lot’s irregular geometry constituted a special condition and whether granting the pergola would set a precedent. The board first considered and failed to adopt a motion to deny; a subsequent motion to approve the variance, tied to the plans presented, passed on a 4–3 roll call.

1155 Webster (Appeal 25‑26): The applicant requested a 0.5‑foot side‑yard variance for a rear addition to a preexisting nonconforming house constructed in the 1940s. The architect explained that the lot and existing foundation produce a small skew requiring a modest encroachment to align the new wall with the existing structure. The board voted to approve the variance, tied to the submitted plans.

309 Arlington (Appeal 25‑27): The homeowner sought a variance to place a standby generator in a side‑yard location. City staff and the fire marshal’s guidance noted that a code change required new standby generators to be sited in the rear open space and a minimum of five feet from any portion of a principal or accessory structure. Applicant representatives said electrical conduit and a gas stub to the proposed pad were installed and inspected during construction and that substantial landscaping and cost would be incurred to relocate the equipment. Board members discussed carbon‑monoxide and firefighter safety concerns the fire department cited, the ordinance’s safety rationale, and the applicant’s reliance on prior electrical approvals. After deliberation the board voted to deny the side‑yard generator location (roll call recorded 5–2 in favor of denial).

Postponement and procedural notes: Staff notified the board that the 1061 Forest appeal needs additional advertising and will be placed on a future agenda. The chair reminded members the BZA’s vote threshold for dimensional variances is four affirmatives of seven members. The board adjourned after confirming the next meeting date and closing public comment.

Quotes in this report come directly from the meeting record and are attributed to speakers who spoke on the items described above.