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Record of Proceedings

October 27, 2025 Tuscaloosa Zoning Board of Adjustments Meeting Summary

City Council Meetings — Monday, October 27, 2025
BodyTuscaloosa, Alabama
SessionCity Council Meetings
DateMonday, October 27, 2025
StatusFILED
Video Record
0:00 / 1:02:30

Transcript — Verbatim
0:12

Welcome to our October 27th, 2025 meeting of the City of Tuscusa Zoning Board of Adjustments.

0:19

Any written comments sent to staff were forwarded to the board directly.

0:23

At this time, we'd like to introduce introduction of the staff and members.

0:27

Uh Chad Hobbs, senior associate city attorney.

0:31

Zach Pons, Director of Planning.

0:33

Lemmo Leary, planner.

0:35

I asked the board members to introduce themselves, starting to my right.

0:39

Mary Catherine Holt.

0:41

Paul Rollins Jr.

0:42

Michelle Coley.

0:43

Kim Gillum.

0:44

Marty Hamner.

0:46

Okay, Mel, by virtue of the state law, the city ordinances.

0:49

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

0:53

We hear appeals from zoning officer decisions, grant special exceptions to the zoning code in accordance with the terms as established by the city council.

1:02

We grant variances from the zoning code when strict enforcement creates unnecessary hardship.

1:09

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

1:18

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

1:24

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

1:29

Now there were signup sheets located outside for public comment.

1:32

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

1:38

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

1:44

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

1:48

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

1:54

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

1:58

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

2:03

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.

2:12

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

2:17

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

2:25

Any written comments have been included into the record, okay?

2:29

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

2:37

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

2:42

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.

2:54

Now any response will be limited to two minutes unless the board votes to allow a longer time.

3:00

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

3:07

Now such interruptions will not reduce your allowed time.

3:11

Now once the board members are satisfied that they have received all relevant information.

3:19

At which time the board members will discuss the matter and then vote.

3:23

Now after the vote, you are free to leave.

3:26

These proceedings are video recorded and broadcast live.

3:30

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

3:35

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.

3:52

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

3:57

If so, please state the same for the record.

4:01

Okay.

4:11

Yes, it has.

4:12

Okay.

4:14

So the following agenda items have been modified.

4:17

ZBA-101-25, Brian Winter, petitions for a special exception to allow the operation of a group home at the property located at 2212 26th Avenue, Zone MR-1, Council District 2, is requesting to withdraw.

4:34

Before we do that, we want to have them requesting to continue.

4:38

Oh, continue.

4:38

Okay, let me make a note of that.

4:41

Continue.

4:42

And I understand we have someone here that would like to speak before we take a vote.

4:47

So we need to have a motion to move it to the portion of the agenda, the withdrawal cases requesting to withdraw.

4:56

Okay.

5:00

So do I hear a motion and a second to move this item on the agenda to cases requesting to be continued?

5:03

Or to be continued, sorry.

5:05

So move.

5:06

Second.

Discussion Breakdown — Share of Meeting
Zoning And Land Use███████████████████████████████████████39%
Procedural████████████████████████24%
Zoning Regulations███████████████15%
Short Term Rentals███████████████15%
Water And Wastewater Management███3%
Historic Preservation██2%
Engineering And Infrastructure██2%
Summary of Proceedings

October 27, 2025 Tuscaloosa Zoning Board of Adjustments Meeting Summary

The City of Tuscaloosa Zoning Board of Adjustments (ZBA) convened on October 27, 2025, to hear appeals, special exceptions, and variances. The board addressed two continuations, four petitions which were denied, and three short-term rental special exceptions that were approved. Staff provided presentations on proposed developments, code updates, and zoning compliance, while public comments were received regarding neighborhood concerns.

Consent Calendar

  • The board voted unanimously to move the withdrawal requests for item ZBA-101-25 (Brian Winter) to the continuation portion of the agenda.

Public Comments & Testimony

  • John Tyler (Executive Director, Phoenix House): Expressed support for a continuance until the November meeting for the group home petition at 2212 26th Avenue, stating they requested additional time.
  • Daniel Hinton: Expressed strong opposition to the group home at 2212 26th Avenue. He cited a lack of desire for such facilities in his neighborhood, pointing to existing noise from nearby businesses (a greenhouse and a record service) and the proximity to Interstate 359/I-59 as concerns.
  • Loretta Griffin: Represented the church at 2104 26th Avenue and expressed opposition to the group home petition. She raised concerns regarding noise from 26th Avenue and the nearby interstate, insufficient space for required amenities (smoking area, parking for staff and delivery trucks), and lack of information regarding shift staffing and visiting hours.

Discussion Items

  • Continuations (ZBA-101-25 & Unnamed Item): The board continued the Brian Winter group home petition and another petition for a tent sheltered retail establishment at 2002 Greensboro Avenue to the November meeting to allow for further information gathering. Opponents were encouraged to submit comments which were accepted for the record but deferred to the next hearing.
  • Variances for Attached Carports (ZBA-98-25 & ZBA-99-25): Applicant Leah Alexander requested variances to construct attached carports within a 5-foot setback (currently 10 feet) at 3016 and 3020 4th Street East. Staff noted the code is undergoing a review to potentially revert this rule to a 5-foot setback, but it is not yet approved. Board members discussed whether "hardship" existed given that the construction is new and the code change is prospective. Members expressed concern that granting the variance would open a "Pandora's box" for other property owners and questioned the impact on the intervening lot owner.
  • Metal Accessory Structure (ZBA-100-25): Petitioner Wiley Petty requested a variance to construct a metal accessory structure on a property affected by standing water. Staff clarified that while metal siding is prohibited over 120 sq ft, the structure could be clad in vinyl or other materials. The petitioner insisted on the metal build due to water issues, but board members noted that grading or alternative materials were available options, rejecting the necessity of a variance for material choice.
  • Special Exception for Liquor Store (ZBA-102-25): Applicant Ginger Contos requested a special exception for a "beverage boutique" liquor store at 589 Lurleen B. Wallace Boulevard. The board reviewed the location's proximity to Christ Episcopal Church (approx. 160 feet). Members expressed support, noting the upscale nature of the business and its fit within the walkable downtown area.
  • Special Exception for Short-Term Rentals (ZBA-81-25, ZBA-104-25, ZBA-105-25):
    • Stephen Friday: Requested approval for a short-term rental at 1985 Woodridge Road (8 adults, 4 vehicles). The board approved the petition after acknowledging the driveway surfacing and agreeing to a 30-night probationary limit.
    • Kimberly Cooper: Requested approval for a short-term rental at 108 Springbrook (initially requested 8 adults). The board approved the petition with the staff-recommended limit of 4 adults and 2 vehicles, pending potential driveway paving to accommodate parking.
    • Matt Moore: Requested renewal of a short-term rental at 1718 8th Street (previously approved). The board approved the petition for 4 adults and 2 vehicles based on the prior approval and driveway capacity.

Key Outcomes

  • Continuations Granted:
    • ZBA-101-25 (Brian Winter - Group Home at 2212 26th Ave) moved to November.
    • Unnamed petition (Tent sheltered retail at 2002 Greensboro Ave) continued to November.
  • Variances Denied (2):
    • ZBA-98-25 (Leah Alexander - Attached carport at 3016 4th St East): Petition failed (0 Yes, 5 No).
    • ZBA-99-25 (Leah Alexander - Attached carport at 3020 4th St East): Petition failed (0 Yes, 5 No).
  • Variance Denied (1):
    • ZBA-100-25 (Wiley Petty - Metal accessory structure at 3709 65th Ave): Petition failed (0 Yes, 5 No).
  • Special Exceptions Approved (3):
    • ZBA-102-25 (Ginger Contos - Liquor store at 589 Lurleen B. Wallace Blvd): Approved (5 Yes, 0 No).
    • ZBA-81-25 (Stephen Friday - Short-term rental at 1985 Woodridge Rd): Approved for 30 nights, 8 adults, 4 vehicles, 1-year probation (5 Yes, 0 No).
    • ZBA-104-25 (Kimberly Cooper - Short-term rental at 108 Springbrook): Approved for 30 nights, 4 adults, 2 vehicles, 1-year probation (5 Yes, 0 No).
    • ZBA-105-25 (Matt Moore - Short-term rental at 1718 8th Street): Approved for 30 nights, 4 adults, 2 vehicles, 1-year probation (5 Yes, 0 No).
  • Next Steps: Staff agreed to follow up with Mr. Petty regarding alternative siding options and paving requirements for the Springbrook driveway. The December meeting will address the pending group home and retail petitions.

Meeting Transcript

Welcome to our October 27th, 2025 meeting of the City of Tuscusa Zoning Board of Adjustments. Any written comments sent to staff were forwarded to the board directly. At this time, we'd like to introduce introduction of the staff and members. Uh Chad Hobbs, senior associate city attorney. Zach Pons, Director of Planning. Lemmo Leary, planner. I asked the board members to introduce themselves, starting to my right. Mary Catherine Holt. Paul Rollins Jr. Michelle Coley. Kim Gillum. Marty Hamner. Okay, Mel, by virtue of the state law, the city ordinances. The purpose of the zoning board of adjustments is as follows. We hear appeals from zoning officer decisions, grant special exceptions to the zoning code in accordance with the terms as established by the city council. We grant variances from the zoning code when strict enforcement creates unnecessary hardship. Circumstances that are not hardship include those that are self-inflicted or self-created, inconvenient, and are personal. Now the zoning board of adjustments does not interpret or enforce subdivision covenants or HOA rules. Now those matters are not relevant areas of inquiry by the board on any petition. Now there were signup sheets located outside for public comment. Now four speakers are allowed to speak in favor of a petition, and four speakers are allowed to speak in opposition of a petition. Now all speakers will have a maximum of five minutes unless the board votes to allow a longer time. Now 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 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 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 any to provide your remarks. Any written comments have been included into the record, okay? Now after receiving the remarks of those who oppose the petition, the petitioner will have the opportunity to respond to those objections. Any rebuttal will be limited to two minutes unless the board votes to allow a 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. Now any response will be limited to two minutes unless the board votes to allow a 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. Now once the board members are satisfied that they have received all relevant information. At which time the board members will discuss the matter and then vote. Now after the vote, you are free to leave. These proceedings are video recorded and broadcast live. All in-person public comments should be made at the podium 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? If so, please state the same for the record. Okay. Yes, it has. Okay. So the following agenda items have been modified. ZBA-101-25, Brian Winter, petitions for a special exception to allow the operation of a group home at the property located at 2212 26th Avenue, Zone MR-1, Council District 2, is requesting to withdraw. Before we do that, we want to have them requesting to continue.

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