Homeowner granted variance to rebuild at 800 College Avenue after mold and rot discovered

The Homewood Board of Zoning Adjustment on Dec. 4 granted a variance for 800 College Avenue, allowing the homeowner to rebuild on the existing foundation despite a 10-foot side-yard setback requirement.

The homeowner, who identified himself as Carl Emmons (the transcript also includes the form “Carl Lemons”), told the board that demolition revealed extensive water damage, mold and insect damage that required replacement of exterior walls. He said the city reclassified the project from a renovation permit to a new-build permit once the exterior walls were removed, which triggered the setback issue. “I am asking for the variance. I just want to get the variance and be done so I can rest easy,” he said.

Why it matters: the homeowner argued denying the variance would force his family to move and could allow a future structure to be built in a location he said would reduce safety at a nearby stop sign and harm the neighborhood’s character. He cited Homewood Zoning Ordinance Article 3, Section G4 (restoration after damages) and Article 11, Section B (size and shape of land) and referenced appellate decisions including Ferraro v. Board of Zoning Adjustment of the City of Birmingham and Ex parte City of Fairhope v. Board of Adjustments to argue rebuilding in place is legally supportable when damage is not self-inflicted.

Neighbors spoke in support. David Campbell, who lives directly across the street, said: “I would love for them to stay as our neighbor.” Charlie and Sarah Sexton, Betsy Carmichael and several other nearby residents told the board they support the couple’s plan and value the neighborhood’s continuity.

Board action and vote: Speaker 13 moved to approve the case (recorded in the transcript as case number SV25-1201). Speaker 6 seconded. The board recorded four affirmative votes from members announced as Geer, Nieves, Childs and Perkle; the chair announced the motion carried and the variance was granted.

What the variance allows and limits: the applicant said the plans approved earlier by the city will be built on the same foundation footprint and that no additional encroachment into other setbacks is planned. The homeowner emphasized preserving existing hardwood and keeping the same house profile. The board did not record additional conditions in the transcript beyond the approval.

Next steps: the board granted the variance at the hearing; any appeals would follow the notice and appeal processes described by the chair (written notice of appeal to circuit court within 15 days was mentioned in procedural remarks).