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Birmingham Board approves 5.42-foot side-yard variance for 1420 West Lincoln
Summary
The Birmingham City Board of Zoning Appeals voted unanimously to grant a 5.42-foot side-yard variance for 1420 West Lincoln, citing unusual lot shape and steep topography as hardships despite neighborhood opposition about home size and future lot use.
The Birmingham City Board of Zoning Appeals voted unanimously to grant a 5.42-foot side-yard variance for the property at 1420 West Lincoln, allowing the owner to construct a new home on a corner lot.
City planner Andrew Erickson presented appeal 2606, saying the zoning ordinance requires a combined side-yard setback of 68.25 feet but the proposed home would provide a total of 62.83 feet, requiring a 5.42-foot variance. "The required is 68.25 feet. The proposed is 60 62.83 feet. Therefore, variance of 5.42 feet is being requested," Erickson said during his presentation.
The applicant's representative, Rick Ratner, argued the lot's unusual shape, narrow width in places and steep grades make it difficult to site a compliant house. "Running right through the middle of this property are tremendous grades. It drops down to Lincoln and the building area is interrupted dramatically," Ratner said, stressing the design team limited lot coverage to about 20 percent where 30 percent is allowed in the R1A district.
Neighbors opposed the variance at public comment. Sarah Dodge, who lives opposite the site at 1370 West Lincoln, said she did not want the variance and questioned whether the adjacent second lot could later be sold and prompt another variance. Richard Scherer, who said he has lived across the street since 1957, called a nearby spec house a "monstrosity" and described the trend as out of character for Birmingham.
Board members focused on the legal factors the board must apply when deciding variances, such as special conditions and whether strict enforcement would cause an unnecessary hardship. Carl Kona moved to approve the variance, saying the lot’s front-to-back proportions and steep decline at one tip make the constrained building area effectively unbuildable without relief. John Miller seconded. The chair reminded the board: "This is not a popularity contest," noting the panel may not base decisions on aesthetics.
A roll call recorded 'Yes' votes by Ron Kona; Ron Miller; Ron Reddy; Jason (Canvas/Canister in transcript); and Kevin Hart. The chair announced: "You have your variance." The board tied approval to the submitted plans.
The variance allows the owner to proceed with the proposed house on the lot, subject to any building or planning department approvals required before construction begins.
