OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Tuscaloosa Zoning Board of Adjustment Meeting - August 24, 2026

City Council Meetings — Monday, August 24, 2026
BodyTuscaloosa, Alabama
SessionCity Council Meetings
DateMonday, August 24, 2026
StatusNEW · FILED
Video Record
0:00 / 2:33:17

Transcript — Verbatim
0:01

Welcome to our August 24th, 2026 meeting of the City of Tuscaloosa Zoning Board of Adjustment.

0:07

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

0:12

At this time, I'd like to introduce staff and members.

0:14

Megan Smalley, Assistant City Attorney.

0:17

Hudson Cheshire, Associate City Attorney.

0:19

Zach Pons, Director of Planning.

0:21

Lim O'Leary, zoning administrator.

0:24

I ask that the board members introduce themselves starting on my left.

0:27

Mary Catherine Holt.

0:29

Marty Hamner.

0:30

Michelle Coley, Chair.

0:31

Paul Rollins Jr.

0:32

Joe Robinson.

0:34

Now, by virtue of state law and city ordinances, the purpose of the zoning board of adjustment is as follows.

0:40

Here's appeals from zoning officer decisions.

0:43

Grant special exceptions to the zoning code in accordance with the terms as established by the city council.

0:50

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

0:57

Now circumstances that are not hardships include those that are number one, self-inflicted or self-created.

1:06

Number two, inconvenient and or personal.

1:10

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

1:17

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

1:21

Now there were signup sheets located outside for public comment.

1:26

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

1:33

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

1:39

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

1:42

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

1:49

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

1:55

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

2:01

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

2:09

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

2:14

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

2:21

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

2:25

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

2:33

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

2:38

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

2:51

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

2:56

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

3:03

Such interruptions will not reduce your allowed time limit.

3:07

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

3:18

After the vote, you are free to leave.

3:21

Please note remove and disposal of the signs placed in the yard as the staff will not please do not remove or dispose of the signs placed in your yard as staff will not be.

3:33

Please note remove and dispose of the signs placed in the yard as staff will not be out to collect them.

3:39

So they need to start taking them out now.

3:41

Okay, that's new.

3:42

These proceedings are video recorded and broadcast live.

3:46

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

3:51

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.

4:08

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

4:13

If so, please state the same for the record.

4:16

No.

4:18

Okay.

4:29

Yes, it has.

4:30

Okay.

4:30

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

4:37

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

4:44

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

4:48

So move.

4:49

Second.

4:50

Voting.

4:51

Yes.

Discussion Breakdown — Share of Meeting
Short Term Rentals█████████████████████████████████████████████51%
Zoning Regulations█████████████████████24%
Farmers Markets██████7%
Public Safety█████6%
Historic Preservation███3%
Procedural██2%
Affordable Housing██2%
Zoning And Land Use██2%
Community Engagement██2%
Summary of Proceedings

Tuscaloosa Zoning Board of Adjustment Meeting - August 24, 2026

The Tuscaloosa Zoning Board of Adjustment met on August 24, 2026, to consider several petitions for special exceptions and variances. The meeting included approval of minutes, withdrawal of three cases, and a total of 15 agenda items, with the majority being short-term rental requests. Board members present: Mary Catherine Holt, Marty Hamner, Michelle Coley (Chair), Paul Rollins Jr., Joe Robinson.

Consent Calendar

  • Approval of Minutes: The board approved the synopsis of the July meeting minutes (unanimous).
  • Case Withdrawals: The board approved withdrawal of cases ZBA 6126, ZBA 6626, and ZBA 6726 upon petitioners' request. ZBA 7726 was also withdrawn after the agenda was set, requiring a motion to move it to cases to withdraw and then a vote to withdraw (all unanimous).

Discussion Items

ZBA 4426 & ZBA 5926 – Tent Sheltered Retail and Variance (Joshua Jones)

  • Proposal: Joshua Jones petitioned for a special exception to operate tent sheltered retail selling produce at 1201 McFarland Boulevard NE, and a variance to operate a tent/vehicle larger than 50 square feet for more than 45 days per year (requested approximately 300 days).
  • Petitioner's Position: Jones stated he is a farmer growing produce, delivers to over 450 schools, and uses the location as a test site. He cited the loss of 43 farmers per day nationally and expressed a desire to provide fresh produce. He argued his growers permit from the state should allow sales without municipal interference.
  • Public Comments: Daphne Brooks, representing property owner Sam Pate, expressed support for Jones' operation.
  • Board Discussion: Board members expressed respect for Jones but concern about the size and duration. They noted the 45-day limit and difficulty of granting a variance to 300 days. Some suggested using multiple properties to stay within the limit. Board discussed that the hardship requirement for variance was not met.
  • Votes: Special exception (ZBA 4426): Denied (unanimous). Variance (ZBA 5926): Denied (unanimous).

ZBA 4626 – Short-Term Rental at 1316 Bonehenge Drive (Chris and Olivia Panksner, continued)

  • Proposal: Special exception for short-term rental. Previously approved, but violations occurred: advertising as event space and a large party exceeding the 10 adult/5 vehicle limit. Petitioner's representative Tanner Ashcraft stated they removed advertising and responded to the party. Confusion about business license was resolved—error by city revenue department.
  • Public Opposition: Cam Parsons (on behalf of neighbor Kenneth Randall) and two other neighbors spoke against, citing the party incident and concerns about neighborhood character. Beaky Powell and Ransom Wilson expressed concerns about safety and compatibility.
  • Board Discussion: Board members noted the incident but also recognized Tanner's responsive actions. However, the combination of the advertising and the party led to a decision to deny renewal. Board emphasized that short-term rentals are probationary and this incident warranted denial. Some suggested adding outside noise monitors and self-reporting for future applications.
  • Vote: Denied (unanimous). Petitioner may reapply after six months.

ZBA 6026 – Variance from Rear Setback (Bill Lunsford)

  • Proposal: Variance to allow construction of a single-family home at 5327 Park Avenue with rear setback of 15 feet instead of required 35 feet, due to topography and preserving large hardwood trees.
  • Petitioner's Position: Lunsford stated he pushed the house back as far as possible, but floodway issues and trees limited options. Adjacent properties owned by mental health board and homeowners association, no adverse effects.
  • Public Comments: None.
  • Board Discussion: Board found the hardship valid, noting the floodway and tree preservation. No immediate neighbors impacted.
  • Vote: Approved (unanimous).

Short-Term Rental Petitions (ZBA 6226, 6326, 6426, 6526, 6826, 6926, 7026, 7126, 7226, 7326, 7426, 7526, 7626)

The board considered 13 short-term rental petitions. For each, staff recommended occupancy and vehicle limits based on parking and bedrooms. Many petitioners requested higher numbers but often accepted reductions after discussion. All included conditions: 30-night minimum stay, one-year probation. Below is a summary:

  • ZBA 6226 (Tyler Marchant, 9 Beverly Heights): Requested 6 adults/4 vehicles; staff recommended 6/3. Approved with staff recommendation. Speaker: Tyler Marchant (owner-occupied, game day weekends).
  • ZBA 6326 (Kimberly Roberts, 5 Hillcrest): Requested 8 adults/4 vehicles; staff recommended same. Previously approved for 8/4. One opponent (James Myze) cited historic district character. Approved.
  • ZBA 6426 (Tanner Ashcraft for Tapaway LLC, 601 29th Ave): Requested 4 adults/2 vehicles; staff recommended same. No opposition. Approved.
  • ZBA 6526 (Kathy Thornton, 901 17th Ave): Requested 8/4; staff recommended 6/3 due to shared parking. Petitioner accepted 6/3. Approved.
  • ZBA 6826 (Lysandra Jernigan, 6384 Woodmere Dr): Requested 6/3; staff recommended 4/2 with both vehicles in garage due to right-of-way issues. Applicant agreed. Approved.
  • ZBA 6926 (Heather Atkins, 4165 East Lake Dr): Requested 10/5; staff recommended 8/4. Opponent (Bonnie Porter) voiced neighborhood concerns. Petitioner accepted reduction to 6/3 after discussion. Approved (6/3).
  • ZBA 7026 (Carlos Turner for Carrie Bell, 6320 72nd St E): Requested 12/6; staff recommended 8/4. Opponent (Lynn Matthews, neighbor) expressed concerns about lack of owner occupancy and security. Petitioner’s representative accepted 8/4. Approved.
  • ZBA 7126 (Tom and Laura Gonnering, 1628 Fifth Ave): Requested 6/2; staff recommended 4/2 due to parking constraints. Petitioner agreed. Approved.
  • ZBA 7226 (John McDougal, 110 Circlewood): Requested 8/4; staff recommended same. Board member expressed concern about neighborhood roads; reduced to 6/3. Approved.
  • ZBA 7326 (Fernando Maldonado, 919 Snows Mill Ave): Requested 6/2; staff recommended 4/2. Petitioner accepted. Approved.
  • ZBA 7426 (Danielle Faye, 1416 30th Ave E): Requested 10/5; staff recommended 8/4. Opponent (Brian Nims) presented a petition with 13 signatures against. Petitioner offered reduction to 6/3. Approved (6/3).
  • ZBA 7526 (Herman Jarrell Harris, 1376 Southern Gardens Dr): Requested 4/2; staff recommended same. No opposition. Approved.
  • ZBA 7626 (Caitlin Montgomery, 2131 5th St E): Requested 7/2; staff recommended 4/2. Petitioner's representative accepted 4/2. Property will not be listed on public sites; only personal use. Approved.

Key Outcomes

  • Denied: ZBA 4426 (special exception for tent retail) and ZBA 5926 (variance) regarding Joshua Jones' produce stand.
  • Denied: ZBA 4626 (short-term rental renewal at 1316 Bonehenge Drive) due to violations.
  • Approved: ZBA 6026 (variance for rear setback at 5327 Park Avenue).
  • Approved: 13 short-term rental petitions (ZBA 6226, 6326, 6426, 6526, 6826, 6926, 7026, 7126, 7226, 7326, 7426, 7526, 7626) with various occupancy and vehicle limits as voted.
  • All short-term rental approvals include a one-year probationary period and 30-night minimum stay.

Meeting Transcript

Welcome to our August 24th, 2026 meeting of the City of Tuscaloosa Zoning Board of Adjustment. Any written comments sent to staff or forwarded to the board directly. At this time, I'd like to introduce staff and members. Megan Smalley, Assistant City Attorney. Hudson Cheshire, Associate City Attorney. Zach Pons, Director of Planning. Lim O'Leary, zoning administrator. I ask that the board members introduce themselves starting on my left. Mary Catherine Holt. Marty Hamner. Michelle Coley, Chair. Paul Rollins Jr. Joe Robinson. Now, by virtue of state law and city ordinances, the purpose of the zoning board of adjustment is as follows. Here's appeals from zoning officer 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 unnecessary hardship. Now circumstances that are not hardships include those that are number one, self-inflicted or self-created. Number two, inconvenient and or 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. Now there were signup sheets located outside for public comment. Four speakers will be allowed to speak in favor of a petition, and four speakers are allowed to speak in opposition to 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 to 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 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 been included into the record. 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 to oppose the petition the opportunity to ret respond to the new information only. 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. Such interruptions will not reduce your allowed time limit. Now once the board members are satisfied that they have received all relevant information. After the vote, you are free to leave. Please note remove and disposal of the signs placed in the yard as the staff will not please do not remove or dispose of the signs placed in your yard as staff will not be. Please note remove and dispose of the signs placed in the yard as staff will not be out to collect them. So they need to start taking them out now. Okay, that's new. 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 board members have any conflicts of interest to any agenda matters? If so, please state the same for the record. No.

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