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BZA approves rebuild of sunroom at 1711 Latham as preexisting nonconformity
Summary
The Birmingham City Board of Zoning Appeals approved variances to allow rebuilding a sunroom at 1711 Latham on the existing foundation, citing that the enclosed porch predates current zoning and denial would unreasonably prevent use of the property.
The Birmingham City Board of Zoning Appeals approved variances (appeal 2608) permitting the homeowner at 1711 Latham to rebuild an existing enclosed sunroom on the same foundation.
Builder Chris Lamphere told the board the existing sunroom was an enclosed porch built decades ago, became a longstanding nonconformity when current zoning standards were adopted, and is being rebuilt to modern standards with an at‑grade footprint. Lamphere said the work will raise the floor to eliminate a tripping hazard and improve insulation; the rebuild does not expand the encroachment beyond the existing foundation.
Board members treated the request as a reasonable reconstruction of a preexisting nonconforming structure and found that strict enforcement of the ordinance would unreasonably prevent the homeowner from using the property for its permitted purpose. Members tied approval to the submitted plans and emphasized that a full demolition that exceeded local thresholds would require conformance to current ordinance limits.
What happens next: The homeowner may proceed with permitting for the rebuild consistent with the approved drawings; the approval does not authorize any additional encroachment beyond the foundation the board approved.
