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BZA approves small setback variance for new house at 1982 Haynes Street
Summary
The Board approved a 1.15-foot variance to allow a proposed new house at 1982 Haynes to sit 12.85 feet from the adjacent building (required 14 feet). A nearby neighbor raised concerns about loss of evening light and privacy; the board tied approval to plans on file.
The Birmingham City Board of Zoning Appeals granted a dimensional variance for 1982 Haynes, allowing a proposed new home to be built 12.85 feet from the adjoining principal residential building where 14 feet is required, a variance of 1.15 feet.
City presenter Andrew Erickson told the board the request cites chapter 126, article 4, section 4.74(c) of the zoning ordinance, which sets minimum distances between principal residential buildings. Erickson noted a variance had been granted for the property in March 2024 but that that approval had expired; the current request is for a narrower house (24-foot width) and a reduced, less impactful footprint.
Designer Paul Simon Tino, appearing for the owner, said the current plan is less impactful than the previously approved scheme and that the home was positioned to minimize encroachment. A neighbor, Al (Alex) Montgomery of 1996 Haynes, said he and his partner had recently moved in next door and were concerned a two-story house closer than 14 feet would reduce evening light, airflow and privacy. “We do believe that it will impact our light that we received, especially in the evenings,” Montgomery said.
Board members discussed whether shifting the proposed house laterally might address the neighbor’s concern but noted that moving the house would likely create the need for a second variance on the opposite side. A motion to approve the variance tied to the submitted plans was made, seconded and approved by roll-call; the chair noted the builder and neighbor could work with the city to consider minor adjustments but warned that any larger move would require separate variance approval.
The board approved the variance and tied the approval to the plans on file. The presenter encouraged neighbors to consult with the building department if they wish to explore a minor lateral adjustment with the applicant after the approval.
