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Jefferson County board denies variance for house proposed 15 feet from rear lot line
Summary
The Jefferson County Zoning Board denied a variance request to locate a new residence 15 feet from a rear property line instead of the 35-foot setback, after staff recommended denial and a nearby neighbor objected citing elevation and privacy concerns.
The Jefferson County Zoning Board on April 2 denied a variance request that would have allowed a new residence to be built 15 feet from the rear property line on a Patton Chapel Road lot, rather than the 35 feet required by the county zoning resolution.
Chair opened the hearing by noting the board is five members and that three affirmative votes are required for approval. Staff told the board the R-1 single-family lot is about 0.46 acre and that, according to the subdivision plat, a 35-foot front and rear setback could be accommodated and the site layout could be reconfigured without variances; staff therefore "recommends denial" of case A-26002.
The matter drew opposition from a nearby property owner, David Amerson of 1852 Buttercup in Hoover, who said he submitted a written objection and urged the board to require the standard 35-foot setback. "They are already looking down on our property," Amerson said, describing the existing storage structures and the elevation differences that he said would make a new house appear towering.
Ray Mills, representing applicant Esther Garcia Garfias, said an alley between the parcels provides roughly 14 additional feet and that septic reserve requirements constrained where a house could be sited. "We were told you can't park on it, you can't drive over it," Mills said of the reserve area, and he added the applicant planned a single enclosed structure that incorporates existing rooms on the property.
Board members asked staff and the applicant to double-check the engineer's and health department's guidance about the septic reserve and whether the plan could be reconfigured. After closing the public hearing, a board member moved to decline the variance; the motion was seconded and the chair announced the variance was denied.
The chair reminded attendees that the board's written decision will follow in 10 days and that anyone disagreeing with the board's decision has 15 days to file an appeal in circuit court.
The denial preserves the current setback requirement while leaving open the possibility that the applicant could revise the site plan or supply additional technical documentation to address the board's concerns.
