Board OKs 6-foot setback variance for Irving Road property over accessibility concerns

The Homewood Board of Zoning Adjustments on April 2 approved a variance that will allow a fence to be built 3 feet from the property line at 1100 Irving Road, rather than the standard 9-foot setback.

Warren Foster, who said he and his wife Mallory Foster own the property, told the board the house’s steep front hill and property grade prevent wheelchair access at the front and basement entrances. “My wife’s uncle had a stroke a couple years ago and is wheelchair bound,” Foster said, adding that a nephew who has cerebral palsy also cannot access the home from the existing entries. Foster said the existing pool sits about 9.5 feet from the property line, leaving little room for maneuvering if the fence remains at the 9-foot setback.

The board chair asked Foster to state his hardship for the record; Foster cited two factors: the lot topography and that his lot projects into Evergreen Avenue because of historical paving and lot configuration. Foster said the requested fence location along Evergreen Avenue is intended both to improve family accessibility and to present an attractive frontage on a roadway used by school traffic.

After board discussion, a member moved to approve the variance and another seconded. The board voted in favor and the chair announced the request had been approved. The board reminded the applicant that any variance granted lapses if no construction is begun within one year of approval.

The decision was procedural: the board granted relief from the strict application of setback rules based on the hardship testimony presented and authorized the applicant to proceed with permit application within 12 months. There was no public opposition during the public-comment portion of the hearing.

The next procedural step for the applicant is to file for the building permit within the one-year window granted by the board.