Birmingham BZA grants setback variances for 1061 Forest addition
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Summary
The Board of Zoning Appeals approved two dimensional variances allowing an attachment and porch for a historic home at 1061 Forest, citing the lot’s unusual corner orientation and previously granted relief; vote passed 4–2 with one recusal.
The Birmingham Board of Zoning Appeals on Wednesday approved two setback variances for a proposed addition at 1061 Forest, allowing a rear-yard addition with an attached garage and a covered side porch that would otherwise intrude into the required setbacks.
Mike Morin, assistant building official for the city, told the seven-member board the owner seeks relief because the proposed two-story addition would reduce the rear setback to about 9.8 feet — roughly a 20.2-foot variance from the 30-foot requirement — and would encroach about 8 feet into the side-street setback for a covered porch. Morin noted the house was relocated to the lot in 1984 and that similar variances were granted in 2021 and 2022.
John Van Brook, representing Kevin Hart Associates Architects, said the corner lot’s dual front-setback designations sharply reduce the usable building envelope. "There are few other options for expansion that would allow sensible improvement of this home," Van Brook said, arguing placing the addition between the house and existing garage is "the most efficient and has the least impact on the neighborhood." He pointed to a comparable property at 1055 Chestnut that previously received BZA relief.
A board member moving the motion said the lot’s exceptionally unique conditions and the home’s history created a practical difficulty under the zoning ordinance that would cause unnecessary hardship if strictly enforced. Opposing members cautioned that attaching to a detached garage changes its conformity and risks setting a precedent. After discussion, the motion to approve both variance requests was called to roll and passed by a 4–2 vote, with one member recused.
The board’s roll call recorded affirmative votes from Paul Miller, Ron Redding, Donald Rogers and Richard Belling; Carl Kona and Eric Morgana voted no. The chair announced the variance approved and invited the applicant to close the meeting’s matter on that case.
The board tied approval to the plans submitted; Van Brook said the design preserves the required separation between structures and preserves the home’s symmetry. The board did not record additional conditions beyond the plan reference. The case will proceed under the city’s standard permitting process.
