OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Tuscaloosa Zoning Board of Adjustments Meeting – August 25, 2025

City Council Meetings — Monday, August 25, 2025
BodyTuscaloosa, Alabama
SessionCity Council Meetings
DateMonday, August 25, 2025
StatusFILED
Video Record
0:00 / 2:52:39

Transcript — Verbatim
0:05

Good afternoon and welcome to our August 25th, 2025 meeting of the City of Tuscosa Zoning Board of Adjustments.

0:12

Now, any written comments that were sent to the staff were forwarded to the board directly.

0:17

I'd like to take the time to introduce our staff and members, Chad Hobbs, Senior Associate City Attorney.

0:23

Hudson Cheshire, uh, associate city attorney, Jonathan Bowen, zoning administrator, Lim O'Leary planner, Kevin Jones helping out with video in the back, and I ask that the board members introduce themselves, starting to my left.

0:39

Mary Catherine Holt.

0:41

Michelle Coley.

0:42

Paul Rollins Jr.

0:44

Now, the purpose of the zoning board of adjustments by virtue of the state law and city ordinance.

0:50

The purpose of the zoning board of adjustments is as follows.

0:53

Here's appeals from zoning officers' decisions, grant special exceptions to the zoning code in accordance with the terms as established by the city council.

1:03

Grants variances from the zoning code when strict enforcement creates an unnecessary hardship.

1:09

Circumstances that circumstances that are hardships include those that are self-influenced are not those that are self-inflicted or self-created or those that are inconvenient or personal.

1:22

Let me say that again.

1:23

Circumstances that are not hardships include those that are self-inflicted or self-created, inconvenient, and are personal.

1:32

The zoning board of adjustments does not interpret or enforce subdivision covenants or HOA rules.

1:38

Those matters are not relevant areas of inquiry by the board on any petition.

1:43

There were signup sheets located outside for public comment.

1:46

Four speakers are allowed to speak in favor of a petition, and four speakers are allowed to speak in opposition of a petition.

1:54

All speakers will have a maximum of five minutes unless the board votes to allow a longer time.

2:00

The board will take up items in the order of our final agenda.

2:04

The board will initially receive a presentation from the staff as to the details of the agenda item.

2:10

Now, after the staff's presentation, I will call upon the petitioner to present their case.

2:15

The petitioner will have a maximum of 10 minutes unless the board votes to allow a longer time.

2:21

Now at the conclusion of the petitioner's remarks, I will call on any party in order of the sign-up who desires to support the petition.

2:30

Thereafter, I will call on any party in order of sign-up, those who oppose the petition.

2:36

Now, when it's your turn for comment, please introduce yourself, stating your name and address to the board.

2:42

To provide your remarks, any written comments have already been included into our record.

2:48

Now, after receiving the remarks of those who oppose the petition, the petitioner will have the opportunity to respond to those objections.

2:55

Now any rebuttal will be limited to two minutes unless the board vote to allow longer time.

3:01

Now, if the petitioner presents any new information in response to the objections, the board will allow those who oppose the petition the opportunity to respond to the new information only.

3:12

Any response will be limited to two minutes unless the board votes to allow longer time.

3:17

Now during the course of this presentation, you may be interrupted by any member of the board for clarification or additional information.

3:25

Now, such interruptions will not reduce your allowed time limit.

3:29

Now, once the board members are satisfied that they have received all relevant information, I will close further discussion by the public, at which time the board members will discuss the matter and then vote.

3:40

Now, after the vote, you see if you are free to leave at that time.

3:44

Now these proceedings are recorded being video recorded and broadcast live.

3:49

All in-person public comments should be made at the podium and into the microphone.

3:54

Any party agreed by any final judgment or decision of such zoning board of adjustments may within 15 days thereafter appeal therefrom to the circuit court by filing with such board a written notice of appeal specifying the judgment or decision from which the appeal is taken.

4:12

Now, do any members of the board have any conflicts of interest as to any agenda matters?

4:18

No.

4:18

No.

4:19

No.

4:20

Okay.

4:21

I would ask the staff to confirm on the record that proper notice has been given to all parties in interest as required by law as to all matters before the board tonight.

4:32

Yes, it has.

4:33

Okay.

4:33

With that, we will begin with the approval of minutes as the board of adjustments has received the synopsis for the June meeting.

4:40

I move that we dispense with the reading of the minutes of the same unless there are any deletions, additions, or corrections.

4:48

I need a motion and a second to approve the synopsis.

4:52

Second.

4:52

Okay, voting.

4:53

Yes.

4:54

Yes.

4:55

Yes.

4:55

Yes.

4:56

Approved.

5:00

Okay, we'll start with staff presentations.

5:14

We've been waiting all day for this, Jonathan.

5:50

We'll get our T in here to get that situated.

5:53

Do we need to take a motion to move?

Discussion Breakdown — Share of Meeting
Short Term Rentals█████████████████████████████████████████████60%
Zoning Regulations██████████████18%
Public Safety██████8%
Procedural█████7%
Disability Rights██3%
Community Engagement██3%
Fire Safety█1%
Summary of Proceedings

Tuscaloosa Zoning Board of Adjustments Meeting – August 25, 2025

The City of Tuscaloosa Zoning Board of Adjustments met on August 25, 2025, in the afternoon/evening to hear a withdrawn case, a waiver request, and a series of variance and special exception petitions, including numerous short-term rental applications. The board approved several items with conditions, denied a waiver for a short-term rental, and denied three short-term rental petitions following significant neighborhood opposition.

Consent Calendar

  • Approval of Minutes: The board unanimously approved the synopsis of the June 2025 meeting without corrections or additions.

Withdrawn Case

  • EBA 56-25 (Long Leaf Engineering): Petition for a variance from commercial building material standards at 3311 and 3327 Hargrove Road East was withdrawn by the applicant (property not in city limits). Approved unanimously.

Public Comments & Testimony

  • Waiver of Rule 13 (Bama BNB, 1 The Downs): Dr. Eric Lake (20 The Downs) opposed the waiver, detailing his hypervigilance as a disabled military veteran and the importance of neighborhood stability. He argued that the owner’s lack of understanding of the process should not justify relief. Charter Morris (3 The Downs) described post-hearing harassment by the owner and a subsequent show of vehicles blocking the street, raising safety concerns. No speakers supported the waiver.
  • ZBA 61-25 (Marion Snow, 4336 Ridgewood Road): Charles Bell (adjacent property) opposed the short-term rental, citing neighborhood decline, transient traffic, and potential for parties. The petitioner responded with rules prohibiting street parking and noise.
  • ZBA 66-25 (Garrett Bullock, 4 The Knolls): Nancy Cobb, Cassandra Dorsey, and Richard Cobb (residents of The Knolls and adjacent areas) opposed the short-term rental, detailing past crime, drug activity, narrow streets (10–11 feet wide), and concerns about traffic and safety. They submitted a petition with seven signatures. The petitioner noted he would enforce no street parking and had paid a premium for the property.
  • ZBA 69-25 (Lauren Lee, 802 Richmond Place): Joe Hargrove (property owner in Ashland Place), Cherry Williamson (HOA president), Margaret Powell, and Dr. Nancy Campbell opposed the short-term rental, citing narrow streets, emergency access issues for two neighbors under hospice care, and the neighborhood’s unique character. Supporters (Tamara Coleman, Ashley McGee, Jennifer Penyon) spoke to the petitioner’s character and management plan. The petitioner gave a detailed presentation.
  • ZBA 70-25 (Will Stevens, 1212 36th Avenue East): No public comments were offered.

Discussion Items

  • Waiver of Rule 13 – Bama BNB (1 The Downs): The applicant Kim Roberts requested a waiver of the six-month waiting period after a denial in July 2025, citing the owner’s hiring of a management company and willingness to reduce adult/car counts. Staff noted one letter of opposition. The board discussed the original denial, the owner’s lack of preparation, and the financial hardship claim. The waiver was denied (vote: 3–1? Chair declared “petition fails”).
  • ZBA 57-25 (Kim Roberts, 46 Sherwood Drive) – Variance for Gazebo: Request to build a 12-foot-tall metal gazebo in the front yard, shielded by existing 10-foot holly bushes and climbing ivy. Staff noted no public comments. The board approved with a stipulation that greenery cover the structure (unanimous).
  • ZBA 58-25 (John Markham, 2500 Greensboro Avenue) – Temporary Office: Special exception for a modular office/restroom during construction of a new office/warehouse, anticipated October 2025 to August 2026. One comment in opposition. Approved with stipulation to remove by August 2026 (unanimous).
  • ZBA 72-25 (Juan Pascal, 4201 Greensboro Avenue) – Tire Shop: Special exception for a light vehicle repair shop (tires, brakes, alignments). Staff recommended screening for the rear fence. The petitioner’s daughter agreed to work with staff. Approved with screening stipulation (unanimous).
  • Short-Term Rental Cases: The board heard multiple petitions for special exceptions. Each case included staff recommendations on adult/vehicle limits, and board discussion focused on experience, owner-occupancy, neighborhood opposition, and past approvals.

Key Outcomes

  • Waiver of Rule 13 (1 The Downs): Denied. The board found that the applicant’s hardship was self-inflicted and financial, not grounds for a waiver.
  • ZBA 57-25 (Gazebo at 46 Sherwood Drive): Approved unanimously with stipulation to cover the structure with greenery.
  • ZBA 58-25 (Temporary Office at 2500 Greensboro Avenue): Approved unanimously with stipulation to remove by August 2026.
  • ZBA 72-25 (Tire Shop at 4201 Greensboro Avenue): Approved unanimously with stipulation for fence screening.
  • ZBA 60-25 (Justin Durham, 4574 Royale Drive): Approved for 8 adults, 4 vehicles, with condition that 2 vehicles park in the garage. Previous approval was for 4 adults, 2 vehicles. Unanimous.
  • ZBA 61-25 (Marion Snow, 4336 Ridgewood Road): Approved for 8 adults, 4 vehicles. One comment in support, one in opposition. Unanimous.
  • ZBA 62-25 (Nina McMullen, 2111 Herman Avenue): Approved for 4 adults, 2 vehicles. Unanimous.
  • ZBA 63-25 (Bama BNB, 538 Hargrove Road): Approved for 4 adults, 2 vehicles (staff recommendation). Unanimous.
  • ZBA 64-25 (James & Laura Sminge, 431 MLK Boulevard): Approved for 4 adults, 2 vehicles. Unanimous.
  • ZBA 65-25 (Carrie Kinward, 908 16th Avenue): Approved for 4 adults, 2 vehicles. Unanimous.
  • ZBA 66-25 (Garrett Bullock, 4 The Knolls): Denied (vote 3–1? Chair declared “didn’t pass”). The board cited neighborhood opposition and narrow streets despite the petitioner’s conditions.
  • ZBA 68-25 (Cavin Parrish, 3721 Crescent Garden Drive): Approved for 6 adults, 3 vehicles. Unanimous.
  • ZBA 69-25 (Lauren Lee, 802 Richmond Place): Denied (vote 3–1? Chair declared “petition fails”). The board acknowledged the petitioner’s thorough plan but noted overwhelming neighborhood opposition (90% of residents signed petition).
  • ZBA 70-25 (Will Stevens, 1212 36th Avenue East): Denied (vote 3–1? Chair declared “petition failed”). No public comments. The board noted the property had five bedrooms but staff recommended 6 adults, 3 vehicles; the vote was split.
  • ZBA 71-25 (Todd & Allison Turner, 51 Guildswood): Approved for 8 adults, 4 vehicles. Previously approved but expired. Unanimous.

Meeting Transcript

Good afternoon and welcome to our August 25th, 2025 meeting of the City of Tuscosa Zoning Board of Adjustments. Now, any written comments that were sent to the staff were forwarded to the board directly. I'd like to take the time to introduce our staff and members, Chad Hobbs, Senior Associate City Attorney. Hudson Cheshire, uh, associate city attorney, Jonathan Bowen, zoning administrator, Lim O'Leary planner, Kevin Jones helping out with video in the back, and I ask that the board members introduce themselves, starting to my left. Mary Catherine Holt. Michelle Coley. Paul Rollins Jr. Now, the purpose of the zoning board of adjustments by virtue of the state law and city ordinance. The purpose of the zoning board of adjustments is as follows. Here's appeals from zoning officers' decisions, grant special exceptions to the zoning code in accordance with the terms as established by the city council. Grants variances from the zoning code when strict enforcement creates an unnecessary hardship. Circumstances that circumstances that are hardships include those that are self-influenced are not those that are self-inflicted or self-created or those that are inconvenient or personal. Let me say that again. Circumstances that are not hardships include those that are self-inflicted or self-created, inconvenient, and are personal. The zoning board of adjustments does not interpret or enforce subdivision covenants or HOA rules. Those matters are not relevant areas of inquiry by the board on any petition. There were signup sheets located outside for public comment. Four speakers are allowed to speak in favor of a petition, and four speakers are allowed to speak in opposition of a petition. All speakers will have a maximum of five minutes unless the board votes to allow a longer time. The board will take up items in the order of our final agenda. The board will initially receive a presentation from the staff as to the details of the agenda item. Now, after the staff's presentation, I will call upon the petitioner to present their case. The petitioner will have a maximum of 10 minutes unless the board votes to allow a longer time. Now at the conclusion of the petitioner's remarks, I will call on any party in order of the sign-up who desires to support the petition. Thereafter, I will call on any party in order of sign-up, those who oppose the petition. Now, when it's your turn for comment, please introduce yourself, stating your name and address to the board. To provide your remarks, any written comments have already been included into our record. Now, after receiving the remarks of those who oppose the petition, the petitioner will have the opportunity to respond to those objections. Now any rebuttal will be limited to two minutes unless the board vote to allow longer time. Now, if the petitioner presents any new information in response to the objections, the board will allow those who oppose the petition the opportunity to respond to the new information only. Any response will be limited to two minutes unless the board votes to allow longer time. Now during the course of this presentation, you may be interrupted by any member of the board for clarification or additional information. Now, such interruptions will not reduce your allowed time limit. Now, once the board members are satisfied that they have received all relevant information, I will close further discussion by the public, at which time the board members will discuss the matter and then vote. Now, after the vote, you see if you are free to leave at that time. Now these proceedings are recorded being video recorded and broadcast live. All in-person public comments should be made at the podium and into the microphone. Any party agreed by any final judgment or decision of such zoning board of adjustments may within 15 days thereafter appeal therefrom to the circuit court by filing with such board a written notice of appeal specifying the judgment or decision from which the appeal is taken. Now, do any members of the board have any conflicts of interest as to any agenda matters? No. No. No. Okay. I would ask the staff to confirm on the record that proper notice has been given to all parties in interest as required by law as to all matters before the board tonight. Yes, it has. Okay. With that, we will begin with the approval of minutes as the board of adjustments has received the synopsis for the June meeting. I move that we dispense with the reading of the minutes of the same unless there are any deletions, additions, or corrections. I need a motion and a second to approve the synopsis. Second.

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