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THIS IS MY FIRST TIME DOING THIS, SO I GOT A GREAT PLEASURE OUT OF DOING THIS. WELCOME TO THE MARCH 23RD, 2026 MEETING OF THE JEFFERSON COUNTY BOARD OF ZONING ADJUSTMENT. THE BOARD OF ZONING ADJUSTMENT IS A FIVE MEMBER BOARD. THREE AFFIRMATIVE VOTES ARE REQUIRED TO APPROVE A REQUEST FOR VARIANCE OR APPEAL. FOR ANYONE ADDRESSING THE BOARD TODAY, PLEASE GIVE US YOUR NAME AND ADDRESS FOR THE RECORD AND THEN TELL US WHAT YOUR HARDSHIP IS OR WHAT YOUR OBJECTION TO THIS REQUEST MAY BE. YOU WILL BE GIVEN OUR DECISION TODAY VERBALLY, AND YOU WILL RECEIVE OUR DECISION IN WRITING WITHIN TEN DAYS. ZONING APPROVALS CAN BE ISSUED IMMEDIATELY FOLLOWING THE HEARING AND IN IN OUR OFFICE AT ROOM B-2 HUNDRED. HOWEVER, YOU WILL FIRST BE REQUIRED TO OBTAIN A PERMIT FROM THE JEFFERSON COUNTY DEPARTMENT OF HEALTH. IF YOUR APPLICATION INVOLVES CONNECTION TO A SEPTIC TANK OR THE JEFFERSON COUNTY ENVIRONMENTAL SERVICES DEPARTMENT, IF YOUR APPLICATION INVOLVES CONNECTION TO SANITARY SEWER. ANYONE DISAGREEING WITH THE BOARD'S DECISION TODAY HAS 15 DAYS IN WHICH TO FILE AN APPEAL IN CIRCUIT COURT. ALSO, WE WOULD ASK THAT YOU SILENCE ANY ELECTRONIC DEVICES DURING THIS
[A-26-0002 Esther Garcia Garfias, owners; Ray Bales, applicant requests a variance from the terms of the zoning resolution to allow a residence to be constructed 15 feet from the rear property line in lieu of the required 35 feet. Property zoned R-1 (Single Family). PID # 3900132004002001. Lot 2A, Resurvey of Lots 1-10 & 17-22 of Shadesville Subdivision in Section 13/ Twp 19/ Range 3W. (Site address: 1853 Patton Chapel Road, Birmingham, 35226)(0.46 Acres +/-)]
HEARING. FIRST ITEM ON THE AGENDA CASE A-26-002. ESTHER GARCIA GARCIA'S RAY BAYLESS OF THE REQUEST IS FOR A VARIANCE FROM THE TERMS OF THE ZONING RESOLUTION TO ALLOW A RESIDENCE TO BE CONSTRUCTED 15FT FROM THE REAR PROPERTY LINE IN LIEU OF THE REQUIRED 35FT. WHICH STAFF PLEASE PRESENT THE CASE? YES, MA'AM. AGAIN, THIS IS K A CASE A 26 002 AS A VARIANCE FOR THE TERMS OF THE ZONING RESOLUTION TO ALLOW A RESIDENCE TO BE CONSTRUCTED 15FT FROM THE REAR PROPERTY LINE IN LIEU OF THE REQUIRED 35, WHICH IS REQUIRED BY SECTION 60504C THE THAT STATES THE MINIMUM YARD REQUIREMENTS IN OUR ONE SINGLE FAMILY ZONING AS 35FT TO THE REAR PROPERTY LINE ARE. THE ZONING DISTRICT IS R1 SINGLE FAMILY. THERE'S THIS LOT AND THE NEIGHBORING LOT COMPRISED OF ONE TAX PARCEL DISLIKE CONTAINS FOUR UNPERMITTED ACCESSORY STRUCTURES. ADJACENT LOT. PART OF THE PARCEL CONTAINS AN EXISTING RESIDENCE AND ACCESSORY STRUCTURE. THE PROPERTY IS 0.46 ACRE. IT LIES ALONG PATTON CHAPEL ROAD, THE AREA SOUTH OF THE PROPERTY IS EXCLUSIVELY SINGLE FAMILY RESIDENTIAL AND CONTAINED MOSTLY WITHIN THE CITY OF HOOVER. THERE'S NO LAND RELATED HARDSHIPS AS IT RELATES TO THIS REQUEST. THE PROPERTY OWNER ALSO OWNS THE ADJACENT LOT. SORRY ABOUT THAT. PROPERTY OWNER OWNS THE ADJACENT LOT EAST, WHICH CONTAINS AN EXISTING RESIDENCE THAT DOES NOT CONFORM TO THE FRONT SETBACK. WHERE THE PROPOSED RESIDENCE IS LOCATED ON THE SITE PLAN, IT IS ALONG THE NEAREST PORTION OF THE LOT. TAKE A LOOK AT THE SITE PLAN.IT'S C, IT'S ON THE NEAREST PORTION OF THAT LOT. ACCORDING TO THE PLATTED SUBDIVISION AND LENGTH OF THE LOT AT THE NEAREST POINT ALONG THE WESTERN PROPERTY BOUNDARY IS 117.77FT, WITH THE FRONT AND REAR SETBACK REQUIREMENTS OF 35FT OF STRUCTURE WITH DEPTH OF 47FT COULD BE ACCOMMODATED WITHOUT ANY VARIANCES. THE RESIDENTIAL PORTIONS OF THIS AREA WITHIN THE. WITHIN THE CITY OF HOOVER ARE ZONED R ONE, WHICH, LIKE THE COUNTY ZONING RESOLUTION, REQUIRES A FRONT AND REAR YARD SET BACK UP 35FT. IT APPEARS THE PROPOSED LAYOUT OF THE PROPERTY COULD BE RECONFIGURED SO AS TO ACCOMMODATE THE REQUIRED REAR BUILDING SETBACK.
WITHOUT VARIANCES, THIS LAYOUT COULD BE RECONFIGURED SO THAT IT DOES NOT NECESSITATE ANY VARIANCES. THEREFORE, STAFF RECOMMENDS DENIAL FOR CASE A ZERO 26 0002 DOES ANY MEMBER OF
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THE BOARD HAVE QUESTIONS FOR STAFF OR THE APPLICANT REGARDING THE CASE? I DO NOT KNOW. AT THIS TIME. WE'D LIKE TO OPEN A PUBLIC HEARING REGARDING THIS ITEM. IS THERE ANYONE HERE WHO WISHES TO SPEAK IN OPPOSITION OR SUPPORT FOR THIS REQUEST? I HAVE ONE MORE THING TO SAY AS AN ADD ON. THERE ARE TWO LETTERS OF OPPOSITION IN YOUR BOOKLETS AGAINST IN OPPOSITION OF THIS VARIANCE CASE. THANK YOU. IS THERE ANYONE OPPOSING THIS? WOULD YOU COME FORWARD? PLEASE STATE YOUR NAME AND ADDRESS? CERTAINLY. GOOD AFTERNOON. MY NAME IS IS DAVID AMERSON. I OWN THE PROPERTY. ONE OF THE PROPERTIES BEHIND THIS PROPERTY JUST SOUTH, 1852. BUTTERCUP IN HOOVER. AND MY NEIGHBOR RANDY IS HERE AS WELL. HE OWNS THE OTHER PROPERTY THAT ADJOINS THIS. THIS SITE IN QUESTION. I, I'M ONE OF THE TWO THAT DID SUBMIT A LETTER. SO YOU'LL SEE MY LETTER HOPEFULLY THERE IN FRONT OF YOU. AND I JUST WANTED TO BRING A LITTLE PERSONALITY TO JUST THE SUBMITTAL. WE DON'T HAVE ANY PROBLEM WITH THE RESIDENCE BEING BUILT AS LONG AS IT IS WITHIN THE 35FT SETBACK. THE WAY THAT TOPOGRAPHY IS THROUGH THEIR OUR LOT ACTUALLY SITS AT A LOWER ELEVATION THAN THIS, THIS LOT.AND SO WITH THE THE TEMP WELL, WITH THE STORAGE BUILDINGS, THEY'VE ALREADY BROUGHT IN THEIR, THE FOUR BUILDINGS, THEY ARE ALREADY LOOKING DOWN ON OUR PROPERTY. AND SO IT'S JUST AND I'M MEASURED ABOUT THE SAME DISTANCE. AND IT'S BASICALLY THEY WILL BE BUILDING A HOME OR A RESIDENCE THAT LOOKS ALMOST TOWERING OVER. AND I'LL PUT ALL THAT IN THE LETTER, BUT JUST, JUST WANT TO LET YOU GUYS KNOW THAT, THAT WE ARE OPPOSED TO THE VARIANCE. ARE THERE ANY ANY QUESTIONS TO THE. MR. AMERSON THANK YOU, MR. AMERSON. THANK YOU, THANK YOU. IS THE APPLICANT HERE? DO YOU HAVE A RESPONSE? YES. I'M REBELS HERE ON BEHALF FOR ESTHER GARCIA GARCIA'S. NOW, CAN YOU STATE YOUR ADDRESS, PLEASE? MY PHYSICAL ADDRESS OR THE. HER ADDRESS? SO SHE'S THE APPLICANT? MY ADDRESS IS 304 WOODLEY ROAD IN KNOXVILLE, TENNESSEE. OKAY.
THANK YOU. OKAY. AND SO BEHIND THE RESIDENCE BETWEEN THIS RESIDENCE AND THE OPPOSITION'S RESIDENCE, THERE'S ACTUALLY AN ALLEYWAY AS WELL. SO IT'S NOT THAT THE THE LINE SIT RIGHT ON TOP OF EACH OTHER. THERE'S AN ALLEYWAY THERE THAT DOES PROVIDE AN ADDITIONAL 14FT BETWEEN THE PROPERTY LINES AS WELL. AND THEN IF YOU I DON'T KNOW IF I CAN GO BACK A SCREEN, BUT YOU CAN SEE THE PERMIT THAT WE GOT FOR. YEAH, YOU CAN SEE THE PERMIT. OH OKAY. THANK YOU SIR. OKAY. SO YOU CAN SEE THERE WITH BEING ABLE TO PUT IN THE SEPTIC THAT'S REQUIRED FOR THIS TO BE A SINGLE FAMILY HOUSE THERE, AS WELL AS THE RESERVE, THERE REALLY IS NOT THE SPACE TO END UP DOING THIS FULL STRUCTURE. DO YOU HAVE 35 ON BOTH SIDES BETWEEN THE TWO BOUNDARY LINES? BECAUSE WE'RE NOT ALLOWED TO DO ANYTHING WHERE THAT RESERVE TANK RESERVE SET IS AS WELL. SO WE HAVE TRIED TO STAY WITHIN ALL THESE BOUNDARIES AND DO WHAT THE COUNTY HEALTH DEPARTMENT WAS TELLING US IS WHAT WE NEEDED TO DO. AND SO BASED ON THAT, WE'VE GOT, AGAIN, THE 15FT. AND THEN WITH THE ADDITIONAL. ALLEYWAY AND STUFF BEHIND THE HOUSE, THERE REALLY IS, YOU KNOW, THERE'S ABOUT 30FT BETWEEN THE STRUCTURE AND THE NEIGHBORING PROPERTY LINE, BUT NOT THEIR PROPERTY LINE, BUT NOT BUT NOT THE OWNER'S, BUT NOT THE OWNERS.
CORRECT? THAT'S CORRECT. SO YOU GOT 15, ALMOST 16FT, BUT WE JUST WENT WITH 15 BETWEEN THE HOUSE AND THE ACTUAL PROPERTY LINE. OKAY. AND YOU'RE SAYING IF THEY BUMPED IT UP IT WOULD INTERFERE WITH THE RESERVE. RESERVE. IT DOESN'T LOOK LIKE IT WOULD. YEAH. I MEAN, THIS IS JUST A DRAWING THAT THEY THAT THE, THE ENGINEER DID. I MEAN, YOU CAN TELL IT DOESN'T EVEN
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LOOK LIKE THERE'S 15FT BACK THERE EITHER. BUT BASICALLY WHAT THEY'RE SAYING, IF WE DO THAT, THEN THERE'S NOWHERE TO PARK AND BRING VEHICLES IN BECAUSE YOU CAN'T GO, YOU CAN'T DRIVE OVER THE RESERVE FIELD OR ANYTHING LIKE THAT EITHER. THAT'S NOT TRUE. THAT'S WHAT WE WERE TOLD. YOU JUST CAN'T BUILD ON IT. WE WERE TOLD YOU CAN'T PARK ON IT. YOU CAN'T DRIVE OVER IT, THAT IT WOULD DESTROY THE SOIL. SO WE'RE NOT ALLOWED TO PUT VEHICLES ON IT. I'M JUST TELLING YOU WHAT WE WERE TOLD BY THE COUNTY HEALTH DEPARTMENT AND THE ENGINEER THAT JONATHAN AVILA IS THE ENGINEER THAT THAT DID ALL THIS AND TOLD US THAT ABOUT THE RESERVE AS WELL. YOU MAY WANT TO DOUBLE CHECK THAT. OKAY. ARE THERE ANY OTHER QUESTIONS FOR THE REPRESENTATIVE OF THE APPLICANT? NO, THANK YOU SIR. OKAY. SO ONE OTHER THING I WANTED TO TELL YOU. THEY MENTIONED THE STRUCTURES THAT ARE ALREADY THERE. SO WHAT IS HAPPENING IS THOSE ARE ACTUALLY ROOMS WITHIN THE HOUSE THAT IS BEING BUILT. SO IT WILL BE ONE STRUCTURE.AND SO WE'VE GOT THE FOUNDATION. SO WE HAVE THE FOUNDATION IS, YOU KNOW, FOR THOSE ARE SET.
AND SO THERE WILL BE JUST ONE SINGLE STRUCTURE. SO IT WOULD BE VERY DIFFICULT AT THIS POINT TO ALSO TRY TO JUST MOVE THOSE. IT'S NOT THAT SIMPLE. SO THAT'S ANOTHER REASON WE'RE ASKING FOR THIS VARIANCE TO ALLOW US TO BUILD THE SINGLE STRUCTURE TO INCLUDE THOSE. ANY QUESTIONS FROM THE BOARD. SO YOU'RE PUTTING TOGETHER BUILDINGS TO MAKE A ONE STRUCTURE. YEAH.
WE'RE ENCLOSING THOSE WITHIN THIS THIS HOUSE. YES. OKAY. OKAY. ANY OTHER QUESTIONS? THANK YOU SIR. YEAH. THE PUBLIC HEARING IS NOW CLOSED. IF THERE ARE NO OTHER QUESTIONS OR COMMENTS FROM BOARD MEMBERS, MAY I HAVE A MOTION FROM THE BOARD? MADAM CHAIR, I MAKE A MOTION TO DECLINE. IS THERE A SECOND? I SECOND THE MOTION. ALL IN FAVOR? AYE, AYE. THE CASE IS CLOSED. MOTION BE DENIED. OH, YES. OUR VARIANCE HAS. YOUR VARIANCE HAS BEEN DENIED. CASE NUMBER A-26003. YES, MA'AM. THIS IS A USE VARIANCE TO OPERATE AN EARLY
[A-26-0003 Lottie Green Ministries, Inc., owners; Guy Harris, applicant requests a use variance to operate an early childhood learning facility in an existing church building. Property zoned R-6 (Single Family) (Institutional-2 zoning proposed, concurrent rezoning request Z-26-0009 pending). PID # 210034101301400 in Section 34/ Twp 17/ Range 4W. (Site address: 5708 Iceland Avenue, Birmingham, 35224)(0.71 Acres +/-)]
CHILDHOOD LEARNING FACILITY. IN AN EXISTING CHURCH BUILDING. THE EXISTING ZONING IS R-6 SINGLE FAMILY. THEY HAVE PROPOSED FOR A CHANGE OF ZONING TO INSTITUTIONAL TWO. THE PROPERTY CONTAINS A CHURCH CONSTRUCTED IN THE EARLY 1950S. IT'S LOCATED ON 0.17 ACRES. THE PROPERTY RETAINS ITS ORIGINAL R SIX ZONING. ACCORDING TO THE BOARD OF EQUALIZATION RECORDS.THE CHURCH ON THE PROPERTY WAS CONSTRUCTED IN 1956 AND 1602. A. IS THE USE REGULATIONS IN THE R SIX DISTRICT. THE PROPOSED SCHOOL ON THE PROPERTY IS NOT AN ACCESSORY TO THE CHURCH ITSELF, BUT ANOTHER PARTNER ORGANIZATION AND SUCH. THE PROPERTY WOULD NEED TO BE REZONED IN ORDER TO ACCOMMODATE THE PROPOSED SCHOOL. AS I SAID EARLIER, THEY'RE PROPOSING A REZONING TO INSTITUTIONAL ONE. THE APPLICANT HAS FILED A REZONING CASE IN ORDER TO ACCOMMODATE THIS. THE CHURCH IS CURRENTLY APPLYING FOR STATE LICENSURE FOR THE SCHOOL AND NEEDS APPROVAL PRIOR TO THE FINALIZATION OF THE ZONING. THE APPLICANTS HAVE FILED THIS CASE IN ORDER TO EXPEDITE A ZONING APPROVAL. AS THIS PROPERTY IS BEING USED HISTORICALLY FOR A CHURCH AND COMMUNITY GATHERING PLACE, THERE ARE NO FORESEEN NEGATIVE IMPACTS FOR GRANTING THIS VARIANCE. THE REZONING OF THE PROPERTY. THEREFORE, STAFF RECOMMENDS APPROVAL OF CASE A 26 0003. OKAY. THANK YOU. THE PROPERTY OWNERS, IN THIS CASE, LADY GREEN MINISTRIES INCORPORATED, AN APPLICANT IS SKY HARRIS. DOES ANY MEMBER OF THE BOARD HAVE QUESTIONS FOR STAFF OR THE APPLICANT REGARDING THIS CASE? NO. AND AT THIS TIME WE WOULD LIKE TO OPEN A PUBLIC HEARING REGARDING THIS ITEM. IS THERE ANYONE HERE WHO WISHES TO SPEAK IN OPPOSITION OR SUPPORT OF THIS REQUEST? WHERE ARE THE PROPERTY? WHERE'S THE PROPERTY? OKAY. SINCE THERE
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IS NO OPPOSITION, ARE THERE ANY QUESTIONS AT ALL FOR THE APPLICANT FROM THE BOARD? NO.MAY I HAVE A MOTION FROM THE BOARD? I'LL MAKE A MOTION THAT WE APPROVE THIS VARIANCE. ALL IN FAVOR I YOUR VARIANCE HAS BEEN GRANTED. HAVE ALL THE MEMBERS OF THE BOARD HAD A
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CHANCE TO REVIEW THE CASE? MATERIALS AND MINUTES FROM FEBRUARY 23RD 26 HEARING THAT WERE SENT ELECTRONICALLY. YES, MA'AM. MAY I HAVE A MOTION FROM THE BOARD REGARDING THE MINUTES? MADAM CHAIR, I MAKE A MOTION THAT WE APPROVE THE MINUTES FROM THE LAST MEETING OF NOVEMBER. ALL IN FAVOR? AYE, I THIS M* This transcript was compiled from uncorrected Closed Captioning.