Homewood BZA grants variance allowing homeowner to rebuild on 800 College Ave footprint

The Homewood City Board of Zoning Adjustment voted to grant a variance for property owner Carl Emmons at 800 College Avenue after Emmons and his builder said demolition revealed substantial rot and mold that required exterior-wall replacement and shifted the project from a renovation to a new-build permit.

Emmons, who identified himself as the homeowner, told the board that the back-right corner of his house sits about 4.5 feet into the 10-foot required side setback and that the house, built in 1942, is a nonconforming structure. He said city staff initially approved renovation plans but that contractor Jason Hale of Willow Homes discovered extensive insect and water damage during demo. “He told us that, the cost wasn't even gonna go up,” Emmons said, explaining that removing the damaged walls nevertheless triggered what he was told is a city threshold—work exceeding 50% of replacement cost—which required a new-build permit and, therefore, a variance to rebuild in the same footprint.

Emmons cited Homewood Zoning Ordinance Article 3 Section G4 (restoration after damages) and Article 3 Section G5 (nonconforming primary structures) and referenced appellate decisions, arguing removal of damaged elements should not be treated as owner-caused damage. He told the board he had notified 27 surrounding neighbors and submitted 15 letters and emails in support. “Approving my variance helps my neighbors, helps the community, keeps it safe,” Emmons said.

Multiple neighbors spoke in support during the public comment period. David Campbell (801 College Ave) said he watches the applicant's child play from his window and urged the board to allow the family to remain. Adjacent neighbors Charlie and Sarah Sexton (804 College Ave) also urged approval, and other residents described the value of long-term ownership and concerns about mold and safety.

Builder Jason Hale confirmed the project would remain on the existing foundation and said the team is even reducing modest porch area, not expanding the footprint. The board confirmed the plans and then moved to a vote. The board recorded affirmative votes from Mister Gere, Mister Nieves, Miss Childs and Mister Pirkle; the motion carried and the variance was granted.

The board's approval allows Emmons to proceed with the approved plans on the existing foundation; no appeal was filed at the meeting. The variance decision can be appealed to circuit court within 15 days under the procedure noted by the board during opening announcements.