Planning and Zoning Commission - Regular Meeting

Welcome to our November 24th, 2025 meeting of the city of Tuscaloosa Zoning Board of Adjustments. Any renting comments sent to staff were forwarded to the board directly. At this time, I'd like to introduce the staff and members. Chad Hobbs, senior associate city attorney. Zack Ponds, director of planning. Limol Liry, planner. And I ask the board members to introduce themselves. Starting on my left, Joe Robinson, super numerary. Marty Hamner, Tim Gillum, Michelle Coley, chair,

Paul Rollins, Jr. Rodney Pel, supernumemerary. Now, the purpose of the zoning board of adjustments by virtue of state law and city ordinances. The purpose of the zoning board of adjustments 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 with strict enforcement creates unnecessary hardship. Circumstances that are not hardships include those that are one self-inflicted or self-created, two, inconvenient and or personal. Now, 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 are allowed to speak in favor of a petition and four speakers are allowed to speak in opposition to a petition. All speakers will have a maximum of five minutes unless the board votes to allow a longer time. Now, the board would take up items in the order of our final agenda. Now, 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 signup who desires to support the petition. Now, thereafter, I will call on any party in order of sign up who's in opposition of the position. Now, when it's your turn to comment, please introduce yourself stating your name and address to the board. to provide your remarks. Also provide your

remarks directly to the board. Any written comments have been included in the 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 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 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 are free to leave. These proceedings are being video recorded and broadcast live. In-person public comments should be made at the podium into the microphone. Any party agreved by any final judgment or decision of such zoning board of adjustments may within 15 days thereafter appeal thereof 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. 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 the matters before the board tonight.

Yes, it has. Okay, let's move to the staff presentation.

Good afternoon, board. Good afternoon. Few cases requesting to withdraw tonight. If we could have a vote on each one of these. First up is ZBA 10325. Assan Gay petitions for special exception to allow the operation of a tent sheltered retail establishment at the property located at 2002 Greensboro Avenue zone GC council district 2. So they're just completely he continued it one time and now completely with the applicants requested to withdraw. That's okay. Can I have a motion for withdrawal? So move. Second. Okay. Voting. Yes. Yes. Yes. Yes. Okay.

All right. Right, moving on. ZBA 10725, Price McGiffford petitions for a variance from the allowable encroachments regulations to locate a stoop less than 2 feet from the lot line on proposed town homes on the property located at 808 Almond Avenue, zone D, Council District 4. After more staff review, um we determined that the applicant did not need ZBA approval for his petition. Um so he is requesting to withdraw. Okay. Voting M. Uh need a a motion. So move second. Okay. Voting Mr. Hamner. Yes. Yes. Yes. Yes. Yes. All right.

ZBA 10825, Barkley Mallet, petitions for variance from the allowable encroachments regulations to locate the front steps of a new porch less than 2 feet from the lot line on the principal structure located at 800 Len B. Wallace Boulevard North, zone D, Council District 4. This was also another case where staff determined the applicant did not need to move forward with ZBA. I'm just making decisions now. [laughter] I need a motion. So move second. All right. Voting, Mr. Am. Yes. Yes. Yes. Yes. Yes. Okay.

And ZBA 11125 Annie Gillian petitions for a special exception to allow the short-term rental of a property located at 2017 Fox Ridge Road zone GPD Council District 3. Um the applicant did request to withdraw. Okay. Need a motion. Second. Second. Voting Mr. Hamner. Yes. Yes. Yes. Yes. Yes. Okay.

All right. Moving on to our first case tonight. ZBA 10125. Brian Winter petitions for a special exception to allow the operation of a group home at the property located at 2212 26th Avenue zoned MR1 Council District 2 and this was continued from the October meeting. Here we have an aerial view of the property and its zoning. This is just south of Catfish Heaven. And here we have a view of what the property looks like today. As you can see, it's vacant currently. So requesting a special exception to operate a group home which will serve as a sober living home for three individuals. There will be one employee responsible for case management ser services services who will not live in the home. Property is currently vacant. If approved, a dwelling will be constructed on the property. The petitioner states that generally will not be any vehicles on the property due to many of the the residents not owning vehicles. Here we have a site plan of that proposed residence. You see access over there and some elevations of that property and a floor plan. Moving on to our applicable regulations for group homes and decision-m standards for special exceptions. I believe the applicant does have a presentation. Uh, we received one public comment in opposition to this request. Do you have any questions for staff?

Not at this not at this time. All right. Thank you, Mr. Wyers. Yes,

madame chairwoman, members of the board, happy Thanksgiving. Uh, as a former per as a person who used to sit on a board like these, I know it takes a lot of time and energy. So, I'm thankful you're doing it and appreciate your commitment to the city. I am here today to bring you some good news, which is, I think, a thing you'll all like. So, I'm going to try and work this. And I am honored today to represent the Phoenix House and one of their programs called Partners in Recovery. You can see a rendering of the building we would like to put on the lot just shown to you by uh Liam. And I'm here today with Mr. John Tyler who's the executive director of uh Phoenix House and Partners in Recovery. I'm here with one of our other employees who is a successful graduate of Partners in Recovery. I'm also Mr. Patrick Agy who is one of our board members sitting right there. Raise your hand Patrick. Nobody knows who you are. So, um, and I'd like to take you through a little bit and tell you about a little bit about this. And John's up here in case you have any questions, but he gets more nervous than me. So, um, so Phoenix House, as you know, the Phoenix is an ancient, uh, bird that rose from the ashes. And as you also may know, um, addiction is a chronic disability, kind of like diabetes. It's something you have to continually work at to get better from. and stay healthy at the Phoenix House stats started in 1972 by Phoenix House folks um calculations about 10,000 graduates. Their primary program for Phoenix [clears throat] House is a 90-day transitional residential program where you come in, you spend 90 days with the program and you do your first step to getting the chronic the chains of addiction broken. Um, there are 40 clients, a 90-day program, and the total budget for Phoenix House is about $1.3 million. Phoenix is built on the Phoenix House is in a structure on the west side, right next to Friendship Baptist Church, not too far from the Tuscaloosa Country Club. And, uh, it's really wellkept. Uh,

it's it's been impressive so far. Um, that's our team right there. You can see we've got a great team. Uh, Mr. Bob Weatherly, uh, is the chairman of the board. He's out of town right now with his family um for Thanksgiving, otherwise he'd be there. And you can see John there, John Brson's program manager, and he's actually a graduate of the uh partners in recovery program. Let me see if I can get this to go forward. All right, I just lost it here. Oh, okay. All right, I clicked it too many times. So, let me go back here just a little. We have a great board of trustees, John England, uh Dr. Karen Jackson Thompson, uh Quinn Row, Ryan Stallings. We just have some great people. The district attorney, David Fitz, just good people who come out and are supporting the programs are a great asset to us, and we appreciate what they do. Uh Miss Thrasher, Dr. Wit. Now, Partners in Recovery [clears throat] is a two-year program, and it's been in existence approximately 20 years. Now, why do you have a two-year program? Well, all the studies show that if you do a 90-day program, you've got about a 5050 chance of recidivism. When you go in and you learn to manage the disease and manage the addiction and deal with it on a regular basis and you have time with a supportive environment with other folks with the same problem and when you know if you're in that house with people who care about you and are guiding you, then you have a much better success rate. Also, during this two-year period of time, some of the relationships, some of the familiar relationships and friendship relationships that you would have broken down, you know, that is uh that is that has helped out and they worked to bring those back together. Right now, it's about 50/50 white black. There are 40 current residents in the program, 70% male, 30% female, and our recidivism rate is less than 30% when

they complete the last two years, which is about the national average. So, the current PI phone homes, these are located right across from the PIR main office there in Phoenix House next to Friendship Baptist Church on the west side by Tuscaloosa Country Club. As you can see, these houses are very wellkept. Not they they are not only well-kept, but they are actually maintained by the residents. All the residents have chores and some keeping they're in need. each week on a minimum of three times, staff will go by and check both the inside and outside of the houses. And as you can see, these houses in an area and and you know, compared, frankly, compared to a lot of the other houses in this area, these are much better kept and in much better condition. Um, if you haven't driven around that area, take a ride. You know, in a country with this much wealth, it's amazing that we have some folks that still live in such a terrible situation. So PRI clients know and Mr. Mr. uh John is going to hand out to the board here a copy of the rules in the contract so you can see how serious it is. But these are these are just a listing of the basic rules. Obviously no illegal drugs or alcohol, no synthetic drugs, no firearms, weapons, violence, threats of violence, no pets, no guests inside. There are curfews. They have curfews. Um, if you're not working, you have to be back by 11 o'clock Sunday through Thursday and Friday and Saturday at midnight. Um, you have to comply, but more importantly, you've got to attend at least four regular recovery meetings each week. You've got to be w working your 12step program. You have to be a full-time employee. This is not a get over. It's not a kickback. You have to be employed and you have to do your recovery. If you're not progressing towards recovery, you're out. And I want to make one thing clear here. There's a zero tolerance for breaking the rules. Now, why is that important? Because, as coach Sabin says,

you have to establish the standard. And the standard is you're here to get better. So, these rules are enforced. There's very few problems. Matter of fact, talking to everybody on the staff there, they think one time in the last eight years, there's actually been one call to the police. And if you look at the crime statistics in the blight study, which I'll show you, that area has a lot of crime, but it's not from the Phoenix house or the people in the PI program. You have to have random you can have random uh urine screens. Um you can you work, but you can't work in a bar or a smoke shop or a liquor store, sex shop, strip clubs. So, you know, casinos, those kind of things. It's it's a good program. So, the location we're going to put this house is if you were go down 359 south towards 59 or actually go down Greensboro Avenue to where the train station is, you'd make a right. You'd go underneath 359. You come to 21st Street and you make a left. And I have circled here the area. It's MR2 zoning, but as you can see, the purple's different zoning. That's more industrial. And then on the other side on the right side of that road, there's there's one house there, but it's it's not a lot. So, you can see this is the lot and that's how it would sit. And this is the house. It's a pretty good-look house. And I know Mr. Gilliam's in the construction business. Um, I think he could vouch for the quality look of that house. Um, I think it'll be a nice place for folks to live. Now, I wanted to point this out. PR helps compat combat blight. And that's one of the things if you look around these houses are really beautifully kept. In 2018 the city of Tuscaloosa did a blight study and blight is things that you know a lot of time people can't can't do anything about the blight but poor building conditions vacant underutilized buildings poorly maintained property vacant lands no sidewalks crime visual blight empty lots and they say that blight leads to in

some cases crime. Now there's a lot of causes of crime guys. We all know that poverty is one of the big ones. Social injustice is another. But there's all these factors work together. And so I want to show you just kind of the area here. I want you to really look at the house we're thinking about building. And I think it's going to be a boost for the area. If you look, the house in the top left would be if you were looking if you were looking at the house that we're going to build is right behind it. The house to the right is literally to the right of the house we're going to build. The yellow house is down the block and so is the house on the right there with that Impala which I absolutely love because that's the car my parents had back back when I was a kid. Um they even had a twodoor. So, and if you compare that to the other Phoenix houses, you can see the quality of taking care of things. So, these are some of the other neighborhood properties that are blighted. For example, this is an industrial area. As you can see right across the tracks there, there's an unfinished unfinished building there that is for sale. There's several other buildings that are for sale. So the question is, you know, does this going to improve the quality of the neighborhood? I would think so. This is three residents. Now, one of the things everybody needs to know is one of the issues that one of the criteria is it's going to add vehicular traffic. No, because the P folks are usually taken to work on a PI transporter van. Okay? So, there's not going to be three cars in everybody's friends cars, and they can't have people over at night. So, there's no issue about a big party or anything there. Okay? This isn't like short-term rentals where you rent to somebody you don't know. And and I wanted to show you this because I thought this was really interesting. So, all the reds here are what I would call non-resident.

Real quick, one one more minute left.

These are non-resident land owners. And some are houses, but most are empty lots. And the deal here is that, you know, if somebody rents, a non-resident landowner rents a house or a property, there's no incentive for them except get the money. They don't care what's going on in there. They might live anywhere. So, so Phoenix House and PR is right there. Uh, again, the PR homes, I just want to say thank you for listening. Um, you know, what we're here today to do is talk about getting a reasonable accommodation. the folks who are in the PR foams PI homes uh are protected by the ADA and the fair housing act like like other folks and if you look at the seven the nine things complies with applicable district specific standards okay this isn't MR2 right and so MR2 can be multifamily housing this is not going to you could put multif family housing here but we're not we're putting a single family house um [snorts] it's not going to adversely affect a vehicular or pedestrian in traffic. It's not going to u it's going to match the character of the surrounding developments. It's going to be a little nicer, I think, than that.

Okay, Mr. Wyers, that's going to be your time. Yep. Thank you. Anyway, thank you very much for your time. I'll be happy to answer any questions. I do have a question for you. Yes, sir. Uh you mentioned that there's no the parking, no automobiles. There's three three living there, correct? Three people living there. Well, they each but these say they'll be allowed a vehicle. Are they allowed a vehicle or not? They're allowed vehicles, but usually they don't have that. Okay. They usually don't have them, but they are allowed if if they have the means to to get trans.

Yeah. And I and I hear you, Mr. Gillian. And I think the issue here is if you look Liberty Recycling and the other industrial areas, there's actually a body shop down the street. If I were to go back and show you there, there's a body shop with cars all on the street. So you you'll compared to three cars, you've got you've got um commercial traffic coming through there all the time. And then if you go back and I I don't have I don't know if I can point on this, but right here is a body shop, Gia Griffin's body shop. So there's plenty of cars coming in out of there. I don't think this is going to be a hiccular No, I was just more about the parking where you go back to your Oh, yes, sir. Uh right there.

So you got ample parking. Yeah. Three cars at this. We'll make sure they do. Yeah. So my question you said about the guest and having um guests, it says they can have guests up until 9:00, but they have to sit out on the porch. They can't come inside the house. So if each person had a guest, that's six people sitting outside on the porch. Okay. So that that sounds like, you know, sound like a party. You know, it's a party on the porch. I wouldn't want six people hanging out on the porch. That just seems like a lot. Why can't they have company in the house? Well, you can have six people on the porch at the house next door. What I'm saying is why can't they have company inside? Why is it a rule they can't?

Because that's the rules for the product. We don't want anybody inside the house. So, they can be on the porch until 9:00 at night. Yeah. Just hanging out. Sit outside. Are they allowed to smoke outside? Yes. I got I got a question. Yes, sir. Um, Brian, it's good to see you again, man. Uh, you can you go back to that slide where you pointed out all the the blight and all the other stuff. Go back to that slide so we can and and these weren't, you know, these are just areas as you drive around that area. No, keep going. Keep going. Keep going. Right there. Right there.

You on this slide you pointed out all the blight, the industrial areas that's downtrodden. You point you talked about the crime in the area and this and that and the poor building condition, vacant unutilized buildings, poorly maintained properties, vacant land, sidewalk, absence, all this stuff. Crime, visual blight. Well, why you want to build a house over there? That's what I want to know. Why? Why you want to put a property? Why do we want to build a house in that area? But you you sat here and pointed out all these different negative issues that's going on in this area where people been living their entire lives because it's it's relatively close to the main center. Number one. Number two, we have a a um person who owns land who's going to help us do this.

That's like on the whole other side of town almost. What's that? That's like on the whole other side of town. We talking west end and south side. Yeah. I'm sorry. I didn't miss the question. No, no, I'm saying you say it's relatively close that's well one of the rules houses in west end and and I'm not trying to get argumentative I'm just asking questions no no I understand and this will be on in in check I mean the southside so one of the reasons is is because in January of 2025 Mr. Bell I'm going if I'm speaking fast I'm No you're good I I got you I keep um January 2025 the city put forth a new zoning ordinance and one of the issues in that zoning ordinance is you cannot put another group home within 1,000 ft of a group home. This is one of the areas where that we can meet that requirement.

Yeah. Yeah. Thousand feet. Yes, Mr. H. Phoenix. I'm sorry. Turn your mic on. Your Phoenix House 90-day program. You have to complete that before you can be in PI. Yes, sir. Yes, that is one of the prerequisites. And all the candidates have gone through the local Phoenix House. They're not coming from Chicago. And you have to apply to get in this. Not everybody from Phoenix House gets into this. Okay. And this is for folks who have who have shown the ability and the commitment to break free of these chains. And and and the support makes all the difference. You know, it really does. And they're going to be So I see here they have to pay $150 a week to live in the home, 200 like a deposit and then

So where are they going to be work? Like they already have jobs that they're you all are going to take them. Okay. Yes, ma'am. And again, they're not jobs where we're going to put them in a position, you know, they're not at the bar. Sure. You know, it's like me working an ice cream shop. That wouldn't be a good idea. You know, my wife wouldn't let me do that. Any more questions for Mr. Winter? Yeah, I have a few questions. Yes, sir. Um, sort of piggybacking off of what uh Brother Pil mentioned,

how did you how do you all go about deciding on your locations? because I know previously all of the locations or the majority of locations, let me go back. How many houses does the Phoenix House operate? There are six total houses right now. Um there are in the main buildings there are apartments. Um and so this would this would be the seventh house if I'm correct. Eighth house, I'm sorry. Eighth house. So before you know ideally I mean you know I'm I'm g speak very frankly okay I've been around a long time and I've seen some of these group homes that just are bad bad deals. Okay and I get it because I've had to deal with some of those in my legal practice with either people working there or issues that have gone on. Okay. Um this is a good this is a good program. This is a good system. So the situation is is that last time they came before you, they were in with they were within I believe that thousand foot barrier. Okay? If it hadn't been, they would have gotten that. So now they have to go out and go outside that thousand foot barrier. You know, the city we're I've talked to the city folks about that,000 ft because some of that at least with this program doesn't seem like an ideal proposition, but we've got to look at a lot of different things before we start moving on that. So that could be, you know, a year in the making. But right now, we've got the need. You know, we've got people who want to get better. And my I was going to say this, Mr. Rollins. My preacher two weeks ago was talking about Christianity is an action word. You know, we all give everybody our thoughts and prayers, but you know, it's thanksgiving and that you do for the least of my brother that you do unto me, Jesus said. And and I think this is the kind of program that we need to do because God knows we got a drug problem. Um God knows we got an addiction problem

and you know just running people through a 90-day thing is a start but it's not the answer. And these two-year programs have really shown it. So if we can do it, we can get more people in the program and build this out more, we're all going to be better off for it. That's that's just the that's just my heartfelt reality on it. So with the seven houses, seven houses that you all already have, those are the ones that are right around the Phoenix house over in West. They are there's four directly across the street and three others close by. Okay. So now moving forward, how do you all decide on your locations? Outside of the th00and foot.

It's got to be outside 1,000 ft. You know, if we wanted to do another one, we'd have to theoretically be outside 1,000 ft of this one. Correct. So So you're going to end up spreading people out. Correct. So, how do you all go about deciding on the location? My the reason I'm asking is this. Those seven houses that you all already have are right there in that one neighborhood basically right there in West 10. Right.

So, this is still pretty much on the same side of town, but it's a greater distance away. Have you all looked at any other areas? Because you mentioned crime. You said, you looked at the numbers. So, I'm not too familiar with how the sober living facility works. However, if I have someone that's trying to get sober, why would I place them in an area with high crime? So, do you have those actual numbers as far as the crime numbers? Cuz I was able to um get some general numbers. So, the year-to- date numbers for just crime in a fourb block area of where this house is proposed to go, there were 64 calls here today. You had one for a vehicle theft, you had one for an assault, and you had 64 for either drugrelated, alcoholrelated, or miscellaneous.

Right. So, if I'm if I'm pushing trying to get sober, yes, it's a good program for me, but that may not be the best location for me to try to get sober. I don't have a car. I'm not driving, so I have to walk. And within a fourb block radius, we have all these issues. So, how does that work handinhand with helping your tenants? Well, I think the reality is is that you're you're looking for places where you have less expensive land

and you can put a house. Okay. And I don't know if you check the real estate listings like I do, it's it's you know, if you go two blocks the other way, you can't buy a lot for under $500,000 because it's close to the stadium. If you go north, you can't afford that. I mean, you could not put a house in there. You could not construct a house in there. it would be financially impossible to do it and this is probably one of the closest places you could do it honestly but it comes down to funds I mean if if the city wants to buy us some lots up in you know 35405 or 06 or 01 next to the stadium I mean that might work but you know what's the price on this lot 2000

$20,000 so I mean you're just [clears throat] not going to find that every place else in town and you got to start one step at a time Mr. are wrong, you know. So, I mean, if you look around, if you look around on the west side where the houses are, you've got some serious drug and crime problems over there, and you know, those folks there are graduating and they're doing well. So, I think the program can overcome those challenges, but you you got to you got to do what you can do with the money you have. And we can't put any more people in the houses we have. So, we've got to find someplace to do something. Now, I will say that in this spot right here, if you look up in the picture right there, somebody has put a greenhouse in right here, and this restaurant seems to have cleaned up and is doing pretty well. Okay. But some of these other houses in here, like this house, I had a picture of this house, but I think they've actually knocked it down. And there's a small church right here, you know, and there's a couple houses in here that are pretty nice. Miss Griffin's house is very nice, you know. So, there's some positives in there. Um, but you've got to build what you can afford and you got to build where you can do. And, you know, I would be more than happy to hear if there's I know they would. I certainly would if there's other places we could put stuff, but it's got to be price determinative and it's got to kind of be somewhat close to your base of operations. You can't be driving a half hour, 45 minutes to do it. you know costbenefit analysis I think

so with all that and and cost is the is the basically the driving factor right I'm I'm sorry I have so so with all that so cost

cost is your driving factor right but the purpose of this is to make sure we get these individuals on the right track correct So, we would look at cost as being more important than possibly putting them in a better location. No, I don't think that's accurate. I I I think what I would say, Mr. Rollins, is is that we have a good program. We're trying to expand it. And the leaders who have been running this program, who've been actively involved in it, think that this would be a good spot. Um, you know, you have to grow it one step at a time. Now, I' I've I'll just share with you. I've I suggested to the city that we somehow address the rule of 1,000 ft, which is maybe someday we sell this house here and we trade it over and move somebody in one of those terrible houses that are right around the Phoenix house main place and have them come over here and then we fix up one of those houses. But again, that's a year down the road.

That that's still an issue because once the houses were right over in West End, there was another issue with having too many houses in that neighborhood. the the community was coming in and saying, "Hey, we're having too many of these houses in our community every time we look up." So,

that and and and with all due respect to some of the folks there, and again, I'm not arguing with you, but I think we've got a lot more houses over there that are falling down on themselves than are houses that are PIR and clean and nice and people who aren't causing problems going to work every day. So, you know, there there's there's some real problem houses on the west side. Um, and there's there's a dozen houses that are boarded up that I saw just on three streets. So, if I can have a neighbor here who gets up and goes to work every day and does a good job and the house is clean and neat and they mind their business and they don't cause a problem or I can leave a house that's falling down itself and is crimeridden and rodent in rodent, you know, infested, I'd much rather have three of these guys are going to end up like John here going to be positive contributors to society and help create the problem than to have the houses that are falling down on themselves. And I hear that that's, you know, and I understand those neighbors concerns. That's called nimi. It happens all the time, you know, but this is a good program. These are good people. And you know, God bless them. How many other people you have coming up here that are trying to make a positive difference and asking for a special exception to do something positive. This is a positive all the way around for that community. And that's that's just my gut feeling how I feel about Mr. Ross. Any more questions? Any more questions? Okay. Thank you, M. Thank you.

Thank you. Okay. So, do we have anyone to speak in opposition? We have uh Mary Craig signed up. Miss Mary Craig. We didn't have anybody signed up to speak in favor. So, we're going to go with the opposition. Miss Mary Craig. We'll we'll come back to you. Okay. Good evening. Uh my name is Pull If you'll pull the mic to you. Yes, ma'am.

Okay. Good evening. My name is uh Mary Craig and I am the pastor of the Faith Refugee Church there in that community. Will you give us your address, Miss Craig? I oppose it. Give me your your address. What's your name? H what's your your address where you live? Oh, your address. Oh, 4562 stone here. Okay. Taloo, Alabama. I'm sorry. That's okay. Now, go ahead. Yes, ma'am. And I noticed he didn't show the picture of the church, but the church is about a half a block right up from the place. And I oppose him having a group home like that in our community.

Okay. And this is my secretary and she'll tell you a lot of the reason why. And Jacqueline Wright is my daughter. She submitted a letter and she's spoken for the church. All right. We got the letter. Did you have it? Yes, ma'am. We do.

Okay. That's my daughter. Go ahead, sister. I'm Loretta. I'm Loretta Griffin, secretary. My address is 1912 26th Avenue um is my address. So, I'm in So, I'm in that neighborhood as well. Now this was some of the questions that was uh concerning the um members of the church, the pastor and even people in the community. This area is not large enough to house three bedrooms and bath, dining area and sitting area. 26th Avenue is very very busy and Harrison Avenue is very narrow. How many staff we working day shift, evening shift and night shift? How many hours will each person work per shift? Uh how many parking space will be available for staff? How many spaces for the visitors? And how will the testes be conducted for the clients? It's going to be weekly, monthly. Who will cond who will conduct the test of the clients? Will be a professional staff? And will these professional staff have report their findings to the state or a local board? And if so, how often? Monthly, every other month.

And if the clients have to be removed from the home for any reason, where would they go? Uh, more rehab. Uh, so I have a petition list of others proposed signing. Not enough room there for that. Okay. You have a compet u petition. Yes, sir. How many signatures on the petition? I got 20. 20. Okay. And those are church members. You want you want these? No. All right. Thank you. We have uh Lanetta Miles.

Good evening. Good evening.

My name is Lynette Miles. I live at 2204 26th Avenue. And just to point out some of the things that he was showing the houses that's in that area, the house with the green car in it, which that was his mother's house and they working on improvement of that house. But it made sense for him to move out of a house that he's paying rent for and move in a house that's paid for. And the house directly across well behind that property the um elderly man he had passed away. That's why that house cuz he he worked on that house digitally. But um I don't think our area is the area of four that I'm all for people's getting rehabilitated but that's not the area. I have grandkids. I have two grand great grandkids. soon to be three. And so thinking long term if we wanted to sell or anything that I feel like that's going to bring the value down of a rehab being in the area.

Okay. Anything else you like to add? No, I think I think that's pretty much it. Thank you so much for not the area for it. Thank you. Thank you, Larry Delo.

[clears throat]

Good afternoon. Good afternoon.

My name is Larry Delo and I'm live at 11143 Arrowhead Road, Tuscaloosa. even down 69 South and man I mad bishop Larry Delo and I wanted to I looked at that area as well and he addressed himself that it's a crimeridden area and you trying to rehabilitate somebody why you would want to bring them to that area you know that that's is because that's temptation you know you uh you bring a person they become a part of that area, you know, that surrounding. If they ain't stable now, you know, you trying to get them stable, you trying to get them uh to be rehabilitated, you would want to put them in a better area, better situation than having them and and then plus you saying they stand on the porch, you know, uh I think it's nine people can stay on the porch. Uh, six people could stay on the porch.

Six po six people could be out outside. Mhm.

Why would you want them to be outside and you in that particular document anything could happen to him? You you know somebody drive by shooting cuz he said itself that is a crime rating that you [clears throat] know things happening over there. I don't I don't know the man name but he said that itself. So he proved to you that it's not a good location to be. All the uh thing that he said that was negative prove that it don't need to be there. I I don't see the place that it would be feasible for that place that that what he what they trying to build to be there that they need to find another location, you know. um what I see through my experience you know um a lot of time it don't work like they think it going to work you know and uh but I I appreciate you allowing me to come and state what I see u even in that area then you got a church in that location as well. Amen. and he got run now homes and like you said drug infested he said and also you know but I wouldn't want to put my people there you know they look like they more concerned about uh the money part of it than the uh the people themselves

and I thank you for hearing me thank you so much for your comment everybody that signed up to speak in opposition is there anybody else they'd like to speak for it. [snorts] Is there Before I get that, anybody else that wants to speak in opposition? Y'all are opposition. Yes. Okay, come on up.

Hello. Uh, I'm Jarita Griffin. This is my daughter.

I'm Lisa Cochrell. And we live at 2616 22nd Street, 50 yards from that lot. Okay. And I am the one with the body shop and forest the traffic is not that bad. You know the traffic come from the train crossing that track and when it's cross the track then the traffic constantly trying to bypass. Okay. But that's not what we're here for. that lot. I don't mind upgrading the area, the area, getting nice homes and people living in them, you know, I don't mind that. But with a rehab facility, and I don't mind, don't get me wrong, for as people trying to rehabilitate them, get it really, I want that. It needed, we need it everywhere, but that's not the place for it. you you know I just look at it as it's going to be a problem. It's gonna be a problem right there somewhere. Somebody is not going to abide by the rules and regulations and you know that even if they're out there at DCH or anywhere in a facility, someone going to always do something off the off the list. Okay? And you all know that. Okay? But I don't mind him. I know about the Phoenix House, but I've been on this side of town, on the west side all my life. I've been where I stay now since 96. And the the community is much better than it used to be because it you talk you couldn't you at one point you couldn't sit on your porch. Okay? But now you can sit on your porch. You can walk down the street. You I walk around the block. You know what I'm saying? But the houses,

the abandoned houses, yes, they need to be done and it needs some upgrading in the area. True enough. But for as putting a drug facility rehab there, that's not the place for it. I'll be scared along with the other women that in right there where I live. There's only about three or four of us there and we live in a back road supposed to be 22nd Street but it's just like a little alley. Okay. But we It's dark in certain spots. It's you know so we hold on one sec. Can you pull up the map of where so she can show me where she lives?

Okay. You see 22nd Street? Wait, pull it. Bring it down. Is that your house right there? My house is where the X is. Okay. All right. That's where I live. All right. So, like I say, it's within 50 yards. And you say there's three other women kind of live right up in there. Yes. Yes. There's one. She She's redoing that house right there. Can you zoom out then? Didn't we have a bigger picture like where you zoom out? I didn't I can't hear. No, I'm asking the city. Can you zoom out a little bit? We don't have a lot. Or was the previous one? Oh, okay. I'm sorry. Mr. Wyinners had that. Okay. Go ahead. Okay. Where that lot is,

there's a B there's a house that they're getting ready to tear down right behind it. Okay. Then the house next to it, the lady moved from New York. Where are we talking?

And she's redoing the house. She's re remodeling the house so she can move in it. She also bought a property. She tried to do Zoom tonight because she's out of town, but she also bought the property behind my house. Some apartments that used to be bad apartments. Okay. He's Hall is what it was used to used to be called. Okay. And I was living there at the time they were there. It was bad. She bought it. She came. She moved in it. She don't rent out anything in it. and you know and I'm just just telling you the history of some of the area of the area. But anyways, she's she's afraid too. The lady that lives over on that block where the circle where say Harris Court and the circle around where they they're remodel tearing up some concrete right there by the track. She's afraid too. So, we've talked, you know, and like I say, I don't have a problem with rehabilitation. I want to see people get better, you know, but not right in my back door

because your grandkids and my grand I have grandkids and then my daughter, you know, she comes in late cuz she works late, you know. So, I mean, think if it was next door to you, what would you feel? Yes, ma'am. Unless you moved in that area, then you knew it was there when you got Thank you so much for your time and for your comments. That's your time and I appreciate the Thank you. Thank you both for being here. Okay. I appreciate you all letting me speak.

Absolutely. Is there anybody else that'd like to speak in for or against this petition at this time? Mr. Wyers, we'll give you Mr. Wy will give you an opportunity to address the issues that were brought up. Yes, ma'am. Thank you. How much time is two minutes to address? Two minutes.

I'm going to start and end with the same thing. For decades, Phoenix House has served this community and has served the people who have come through the door and graduated from the program. They have been good neighbors. None of the people who got up here and spoke tonight have said anything bad about a Phoenix House participant, program participant, or anything that said they weren't anything but good neighbors. Now, we're all afraid of things. We're all afraid of things, but you know, it's not a good place here. Well, if we came back next week with a different place, there'd be people up here saying that. Everybody's going to say this isn't a good place for her. Garita Griffin is one of the finest people I ever met. I love her. She's probably in my top three clients of all time. I will tell you this, four years ago, we came up here and the church also was against her special exception that was granted by this board to expand her garage there. And I cannot believe tonight that we had a church come up and say that we do not want to help our brothers. But the church is nimi. Most of those people, you don't even know if those 20 people on that petition actually live in the area. But I will tell you this that they oppose Gorita who's one of the finest people and they're opposing this. And I just cannot believe a church would be against helping folks. That's what you're called to do. That was what Jesus called us to do. Now I understand that there are some people who are afraid. But you cannot let afraid stop progress or help you doing the right thing to do. You had some of the folks had questions. John Tyler can answer about how many times people come, how many times they're checked and do all that. This program has been around for 50 years and they've been nothing but good neighbors. There's nobody here tonight that's ever said they had any problem with a Phoenix house resident. There's no evidence before you that that's ever been an issue. So don't let that become an issue because that's just speculation of what would happen.

Absolute speculation. And we meet the requirements to have a special exception granted. And these folks are protected by federal law and state law. It breaks my heart that we have to come up here and beg and have people say we don't want people in our neighborhood. Mr. Wyers, that's your time. If you have questions for John Tyler, he'll answer. Okay. Thank you so much. That's the time. Any questions?

No questions. That's the time. Unless you all want to give him more time to answer those questions. Okay. All right. Thank you. All right. This time we'll close public comment and we'll go to board comment starting with uh Mr. Hamner. Yeah, this is a real tough one because I think we've known they've met the requirements to have a variance, but it still is a variance that we have to go through. Special exceptions. Special exceptions. Sorry, not a variance.

Um, and so I'm I'm leaning that they should have the ability to build this house, but I'm still on the fence. So, um, I'll probably say a yes. uh [clears throat] that never seems to be a good location for these. Every time they come up, there's always something u and then there's stipulations in you know within a th00and ft and we understand why we don't want them to take in over neighborhoods. So each one is unique within itself. So and you know you understand the cost real estate and the cost of building a new piece of property. So you know I understand you know they have to look for certain areas and they do meet all the city requirements. they've checked all the boxes. So, you know, with that, you know, I heard the concerns. I understand the concerns and I appreciate everybody coming out to speak, but I'm I'm leaning toward a yes.

So, for me, I agree that they should have the right to build. I like the new construction, but then when I looked at the rules and regulations of three people and then they have to have their company on the porch and that's where they're going to be doing their smoking on the porch and then they said, "Well, we're not going to have cars, but they can have cars and that's three cars in the driveway." Then if whoever's w the worker come in now, that's a fourth car. If they have a visitor come over, now we got three cars potentially for visitors. So now we've got seven cars and six people sitting on the porch. And so that's an extreme view of it, but all of that can happen. And you know, I take it seriously that when neighbors and then they come out and say that they have a fear of something coming. Um, we hear it all the time with short-term rental and we're we take it seriously then when that happens. So when other people come out and say they don't want something in their community or they talk about how you know four women saying that they are afraid a church saying they don't want it near them. Those are things that we can't just gloss over and say hey you know um I feel like the other silver living houses are near the Phoenix house and you're able to go by and you know kind of closer. this one is going to be a lot further away. And I'm wondering how the how is that going to work? Is it going to be the same level of um inspection? Because if somebody's not going to be there overnight with them the next day, like how do we know what's going to be going on? So that those are things the questions that I have. So looking at here will not have a substantial adverse impact on public safety or create a nuisance conditions detrimental to the public. six people on a porch smoking. To me, I wouldn't want that in my neighborhood. Um, things like that, you know, you know, that that just brings it to my

mind. And if they don't have cars, they're going to be walking and moving about, you know. So, those are concerns that I have.

Yeah, I have a lot of the same concerns and a lot of the same ones that I brought up uh during our during my conversation with uh Mr. Wyinners. Um, I don't see this being beneficial to the community. I don't see this being beneficial to the tenants. Um, we're in a high crime area and the numbers I provided before. There's 64 instances of uh cause of crime year to date just in a four block radius. one vehicle theft, one assault, and 62 either alcohol, drug or miscellaneous related. How is that beneficial to these tenants that are going to be walking? You're within walking distance of whatever it is that you're trying to clean yourself from. I just don't see that as having a positive impact either way. And just to look at it and say, well, you know, we're here because the property value is lower. Well, I mean, in another one of the slides, it was a number about $1.3 million or what have you. So, I'm not in favor. Um, it's I'm learning as an adult to really take my emotions out stuff and and and rule with a clear level head. Um, growing up in in West Tuscaloosa and and running these streets as a youth, riding a bicycle in these areas has been um a real uh it's been a real upbringing for me to meet those people and what I do in the community now. To meet those residents that say they're scared, that touches

me. Um, and also I understand the other side of the coin, Phoenix House does some great work. Uh, I've worked with Phoenix House on several projects, uh, back back, uh, when I was heavy involved in Leadership Tuscaloosa and different things like that. I know the work they do. I know the great work they do, but I don't understand why you have seven houses in one area and you want to go outside whole way out whole way outside the other area and build another house. But it's only because of funding only because it's cheap land. The city put regulation on January. Okay. Thousand feet. That's why

thousand,000 ft. But the whole argument was even though it's thousand feet, the land is cheaper. It is.

So, but you got a $1.3 million budget, we have all these community partners, all these assets that we can get. I just don't I don't I don't I don't like the idea of it being in this area, but we'll see. [snorts] Okay, we're going to close board comment. I'm going to read the petition. ZBA-101-25 Brian Wy petitions for a special exception to allow the operation of a group home at the property located at 221226 Avenue zone MR-1 Council District 2. Voting with Mr. Hamner. Yes. Yes. No. No.

No. Petition fails. Oh, we don't have to do those.

Moving on to our next case tonight. ZBA 10625. Victoria Evans petitions for a variance from the standard specific to temporary uses and structures to allow a recreational vehicle to be used as a dwelling at the property located at 11 Hybrid Circle zoned SFR1, Council District 7. Here we have an aerial view of the property. Here we have view of the property in its zoning. This is just south of Skyland Elementary. And here we have view of the property from the street. Petitioner's requesting a variance to allow a recreational vehicle to be occupied as a dwelling for their mother. It's located in the rear yard and roughly 9 ft from the closest property line. Here we have a site plan that the applicant provided. You can see that camper there. And then this is what it looks like from that side street. I'll just zoom in a little bit on that. [snorts] Are applicable regulations for the dwelling in a recreational vehicle and decision-m standards for variance. We did receive two public comments for this. Do you have any questions for staff?

Any questions for staff? Okay. Thank you. Thank you. Uh, Miss Victoria Evans.

Good evening. Um, Victoria Evans. Address is 11 High Ridge Circle, Tuscaloosa. Tell us what you're trying to do.

Um, the camper there. My mother lives in a camper. Um, I don't have any other places for her to go and, um, I would like for her to continue to to be able to live in the camper, especially considering that I'm only 9 ft away from the county line, which I guess says that if we were on county property, she would be able to reside in the camper. Um, it was suggested that I ask my neighbor on the opposite end of the fence, you know, if I could push the camper back, but I don't want to open that door for him to say that I need to own, you know, pay him rent and so forth. Um, so I'm just trying to make sure that my mother has a safe place to live. Um, and she's been there since March. We haven't had any problems. I've been able to connect the camper to the house, the water to the house. Um, there have been no problems at all. But you can't do that. Like it's I mean it's not something that's permitted in the zoning in your area. You can't you just can't do that. You can't have a camper and just hook it up. It's not even in the regulations what you're asking to do. So I was asking for an exception because if if I'm only 9 feet away from the county line in which it would be allowed, I'm not sure what what it's just that nine feet. So I'm looking at

let me put it to you like this. Living on the line. So you're saying you're just nine feet. There are things perks that come with living in the city. So because you live in the city, there are things that you are have and are allowed to have because you live in the city. And so saying, "Well, I'm just 9 feet away." If the city said, "Well, you can't have city water because you're 9 feet away from the county." You understand what I'm saying? So that argument is not a good argument that I'm 9 feet away. And so you're asking for a variance. And a variance is to allow you for because it's a hardship and there's not a hardship. And so hardship means it can't be something financial like you said. You could pay somebody to let her put the camper a little bit over but you don't want to do that. So that's a financial reason. And it can't be because I just want to. That's a special.

You understand? Like you can't just do it because you want to. It has to be a hardship, a reason that we have to let you do it that that nobody else would experience. So, you don't you're not having that? It's not I don't have the funds to pay someone else to do that. I'm doing this on my own, taking care of my mother. The only option that I would have would be to sell my property and hopefully find something within the county that would allow her to live in a camper. She has

Why does she have to live in a camper? She so she experienced something traumatic um and she was diagnosed with borderline well not borderline but uh schizophrenic schizophrenia and she refuses to come into the house. So my my the only other option is for her to be homeless and I can't I I can't have that. She was kicked out of her apartment in Mobile, Alabama. Um because she she became extremely paranoid and started riding all over everything. Um, I can't cosign on her to had to be in someone else's apartment building. There are not any there aren't any resources out there for her. She was she was born in Africa. She worked all of her life in the state of Wisconsin, which is where we're from. But in the state of Alabama, they will not recognize her birth certificate in order for her to be able to get an updated driver's license or updated passport, which is needed for her to be seen at a mental health facility. Um, I have done a lot all that I can do at this point and so this was my last resort. I understand that there may be laws. I'm just asking if we can consider the fact that this is a life and that I am doing the best that I can to take care of my mother and that she not be an added person on the streets. Um, I won't

I fully I fully understand and I empathize with you and I ask that we look into some resources. Maybe we can assist with something else. The city can assist with something else. But the variance part that because it's just not allowed. We can't it just doesn't fit. We can't override that and say yes and it doesn't fit the the letter of the law that we could even go with that. So, um, I I go to our attorney, Chad. I'm looking at you. Give some input here.

I'm trying to get a copy of the uh of the standards for for uh for variance. Um, obviously I can't tell I can't tell the board. You can advise though. can give us

the um I think it is accurate to say that that generally the zoning code does not allow for um the use of a recreational vehicle as a as a residence um in a in an area that has been zoned for for residential use. Um, you know, I do think the applicant is trying to make uh the best case that that she can for a specific hardship related to the location of the property. Um, and I think it is for the board to consider whether whether the circumstances that she has outlined are um sufficient to get within the standard for a variance.

Okay. So, two things. one the the request on the variance is for temporary use. So with that usually you'll see a situation like this where if I want to build uh a car dealership and while I'm remodeling and rebuilding my car dealership I'm using a temporary structure until it's built. So we ask for six months until we get it built. Correct. So in this instance, I mean that's from what I heard. Would that apply here?

But you're not asking for temporary. You're asking for this to be where she lives until a variance runs with the land. It's not like a special exception where you know you put conditions on it and it goes forward and then when it exchanges when it exchanges hands you um so if we allow this for her and she sells the property the next person could put an RV on the land because we approved it. I don't think so. I don't think so.

Okay. So we've been So what I was talking about was that a special exception is what we've approved in the past for the temporary use of a Okay. temporary structure. That's right. Okay. So in this instance, since it's a variance, there has to be a hardship. From what I heard, that's a hardship. Hardship is something that's beyond our control. She can't control that her birth certificate is not being recognized. Correct. By the state of Alabama. Is that what you said? Correct.

That's a hardship to me. But is there any way that we may need to have this continue to next month and maybe have her apply for a special exception? And that way you have 30 days to do a special exception. with a time limit on it to give her time to try to figure something out with this situation. I think if the applicant was willing to consider a continuence to come or or to to next month's meeting and the board uh wanted to take um some time to explore some other options, we could certainly do that. But I mean, is it the board's responsibility to look for other options or is she going to come with us other options? I mean, how does this

I would imagine that staff would try to communicate with her about those options between now and the next board meeting.

Well, is that possible a special exception? Is that going to, you know, because I don't want to move it to next month and then we realize that we're still because for me, we're talking about the birth certificate and that, but that's still not saying that she can't stay somewhere else and not live in the the you understand what I'm saying? Right. Um cuz what we're what you're asking is to be able to allow to do this on this property. And I I I don't want you to think I don't emphasize because I'm going through my mind now trying to see how can we get the birth certificate. So that part of my mind is thinking about that. But as far as what we're talking about here, a variance to otherwise permitted in the zoning district. And there's another part of it that we can't do something if it's not in the um the nature of I can't pull it up. Zach, help me with that. Where if it's going against what is permitted in the zone, we are not allowed to over

Yeah. So you can see here um well go to the next slide. So, all of the following need to be identified in order to say that yes, there's a hardship there. Um, it's got to be pertaining to the piece of property, right? Not her situation, but the piece of property.

Yeah. And then if you go to the next slide, next one, we do have in section 2543 a variance shall not be approved if the approval will have the effect of and then there's these these things here. Um this request for you tonight is a variance from a use that is not permitted in the district. I mean that's so I'm just gonna say that bluntly that here are your decision-m standards for variance and this is a request for a use that's not allowed in that district.

So would she even be able to apply for a special exception in this? There are no so we would have processed her through a special exception if that were the ability if we had that ability. We've got a rule on it tonight. Um, any more comment, any more questions? Miss Evans, I do empathize. I want you to know that that this is a horrible situation and I don't know what we can do or come up with, but it's got to be another way to work it out. We can rule on it tonight unless the petitioner asks for a continuence next month, right? Yes,

she can ask for a continuence, but it would be up to the board to vote to approve that continuance. But what are we continuing? Continue to give her at least another 30 days until she can try to figure something out. I mean, and so at the end of But we at the end of the 30 days, we're going to come back and she can't get a special exception. We we know she can't get a a special exception exception, but in 30 days, she at least has 30 days to work with until the end of next month to either come back and ask for a variance. vote her down or she's at least has some time to come up with some. So, I will say this is a code enforcement case, an active code enforcement case. Um, and so there is to move it.

There is a process that the city is working with her to, you know, give her some time to to figure some things out to a certain extent.

So, I have not heard back from anyone yet. Um, my mother, she doesn't have any income. She applied for social security benefits and they are she's supposed to be receiving those at the end of December. It's $1,500. We're not I've been here for seven years in Tuscaloosa, so I'm not familiar with all of the resources. Um but if you all know of any places that I can find housing for her where she's able to afford that, um that's an option as well if I'm denied. But um I've looked and I haven't seen anything where she's able to afford housing as far as utilities and so forth and with food stamps um saying that she would have to work now. My mother will not work then we'll have to pay for her food as well. So just if you know of any housing options that would be great. Otherwise this is where I am and then I'll be left to um sell my home. So if I could have an extension that would be great to give me time once she does get her $1,500. um to try and find something for her. And if I can't find anything for her, then that will give me time to list my house for sale.

So that's something the city could handle. I was going to ask if it's a code enforcement. I mean, y'all are working with her to give her ample time. code enforcement spoke with that and I'll let the applicant confirm the timeline, but this is generally the next step before um it's enforced in court. So, they will request to go before ZBA and then depending on what the ZBA's decision is, code enforcement will get involved and escalate the issue.

Well, but will code enforcement give her like couple of months, two, three months to get this together or this going to be two, three weeks? Can the applicant confirm when code enforcement initially made contact? Say it again. I'm sorry. Can you confirm when code enforcement initially made contact with you?

I want to say it was the beginning of October and I was told that I would have two weeks um and that I needed to speak with someone um with uh a resources person. I can't think of the name, but I talked to her. She said that she would reach out to me and she would contact code enforcement and let them know that she was working with me to see if they would extend my time. Um, but I haven't heard back and that was in the beginning of October. I want to say beginning of October, end of September. Um, and so I took this step to apply for the variance. Um, hoping that I could at least hopefully be approved to allow her to stay on the property in her camper or to be given more time than two weeks because if I'm taken to court and then I'm received and I get tickets and so forth, that'll make it even difficult for me to sell my home if they place a lean on my home. So I I guess I'm just asking for some some help in this situation. I understand that I cannot go against code

here. Here here are my thoughts. If code enforcement's waiting for our decision, our vote, and then they will start the process or give her her time. I'd be more than willing to vote 30 postpone for 30 days unless they will unless we can somehow I mean we got the holidays coming up then you got Christmas and all this back to back. So there's going to be some time in there. It's going to be very and I'm sorry but it's we can't approve what we has been brought to us just because I mean as you look at the regulations it's just not allowed. So there's no way to approve this variance and there's no way to special exception. But somehow with the holidays, we've got to at least give her some ample opportunity to move this. It's probably not going to be an easy move for her and there's a lot involved here.

Yeah, I 100% agree. And so does code enforcement. We would It's our policy through code enforcement to work with applicants, especially during, you know, holidays and things like that. So she could move this camper to a there are places that campers can go and so they will you know I've I've looked at that and so the monthly rate for those about $500 to $600 and I don't have that to pay for well once she gets her money she may and that's correct you have options so if we [clears throat] can give her some time code enforcement if they'll do that um Lim Zach holding y'all to that that y'all to give her a little bit ask for some time

but wouldn't So let's just have the petitioner vote to continue. We'll see it in 30 days. So cuz right now she said code enforcement say you have two weeks, right? So we can leave about here now say that's it and code enforce code enforcement could be two weeks, it could be four weeks, it could be six weeks, but if we just say right now continue for one month to next month at the very least code enforcement will start at the end of December. So that's 30 days that we're guaranteeing her to start working on something. I mean do like this. Would you like to continue next month? Yes, please. Because I I don't necessarily like

I'll just say this. You know, y'all are voting on y'all are voting on a specific thing and that's for her to to keep a trailer on her property. And then what what happens outside of that, you know, we're working with, you know, code enforcement is working on it and and things of that nature. It's if you if you know, you know, I think it was alluded to, if this was denied and y'all are leaning that way, but you're continuing it to help her out, I understand that, but you're voting on a specific thing, you know, that has to do with the property itself. Fair enough. Is there a bathroom in the trailer?

No. Well, there is a bathroom in the trailer, but it's not connected to plumbing. So she has a key to the house um where she can come in and use the restroom as she as she Okay. So there's no sewage problem no for the trailer. No.

So can she continue? We can take a vote to continue. We need to either take some sort of vote. I'll make a motion that we continue the next month. Second voting on Mr. Hamner. Yes. No. No. Yes. Yes. Petition fails. Petition failed to continue. Motion failed to continue. Sorry. So, we have to vote on it tonight.

Okay. So, any more questions for the petitioner? Thank you. Thank you. Is there anyone No one signed up to speak for or against? Is there anybody in the audience that would like to speak for or against this petition? Okay, at this time we'll close public comment. I'll go to board comment. Mr. Hamner. Yeah, this is the tough one, but I think again it's clear in the rules and you can't have everybody in the neighborhood pulling up a RV to to stay in. So would No.

Yeah. I mean, it's a very tough situation. I'm sorry you're having to go through the situation, but we have to vote on what's in front of us and based [clears throat] off the rules and regulations set by the city. So therefore, we're, you know, we're stuck with that. I ask that y'all please work with her and work with code enforcement to give her the time during the holidays especially. It's going to make it more difficult. But I'm going to be a no.

Yeah. And I agree. I really am counting on the city code enforcement to extend at least to the first of the year. Um I think that's the least that we can do because this is something and figure out a way to help her through one of the other departments. Anything that we can do to assist her, but just through the board and what we're allowed to do, I'm just not in favor of approving this. Mr. Rollins comments.

By the letter of the law, we can approve it. And it's it's nice to say we're going to depend on the city to hopefully give grace and time periods and time frames to extend it so that we can get something done. But here in this situation, we had an opportunity to to extend it, to give her time, a minimum of 30 days. And and we we just uh I hope everything works out in your favor. Um, she mentioned that her mom has to use her key to come use the restroom at her house. Even if she does find a place to take the trailer to, you know, the sewage is not working, then where would she use the restroom at? I'm sorry, sweetheart. I hope it works out. But by the letter law, we have to vote this down. No.

Yeah. Miss Miss Evans is you it breaks my heart that you got to go through this. I've been there. My my stepfather suffered with dementia Alzheimer's last two years of his life. So I understand by like I said by the letter of the law we we couldn't move forward but you are in my prayers. Um, anything that that can be done, I pray that it be done. City, continue to do what you do working with her. Thank you.

So, at this time, I'll close board comment. This has been tough already. Two cases down. It's been very tough. Miss Evan, my heart goes out to you. Anybody who knows me knows that my mind is thinking, how can we solve this situation? But as far as what our duties are here at the board and what we have to do right now, uh, ZBA-106-25, Victoria Evans petitions for a variance from the standards specific to temporary uses and structures to allow a recreational vehicle to be used as a dwelling at the property located at 11 High Ridge Circle Zone SFR-1 Council District 7. Being in that district, we need to get your councilman involved to help out with that. So, Mr. Mr. Lener, if you're listening, we're going to be calling you about something we can do to assist in that on the personal end of it. Voting with Mr. Hamner.

No, no, no. No, no. Petition failed.

[clears throat]

Next case tonight, ZBA 10925, Evans Fitz, petitions for a variance from the accessory structure regulations to construct an accessory structure in the front yard on the property located at 20 Autobond Place zoned SFR3H, Council District 4. Here we have an aerial view of the property and its zoning. This is just south of University Club. Here we have a view of that property from one of its street frontages along Autobon. Um it's part of their request requesting a variance to allow an accessory structure to be constructed in the front yard. The property is a through lot with primary structure fronting Ottabon Place um and a second front yard along Seventh Street. There are multiple lots along Seventh Street through lots um with some homes facing Seventh. Some homes have the back on Seventh. The accessory structure will be located behind the primary structure adjacent to Seventh Street. It's going to be 743 square feet in area with a sauna, bathroom, and storage area. This is what it looks like from 7th Street. You can see that large privacy fence. And here we have a site plan of what's existing today. And then this is what's proposed. You see they're going to be doing a lot of landscaping in the rear. Um then those primary accessory structure there. And then this is a view of what it'll look like from 7th Street. And then some elevations of the accessory structure itself. And this is a map the applicant provided showing other accessory structures along Seventh Street. um that are on through lots. Through lots are lots that have street frontages on both sides. And here we have our regulations for

accessory structures and decision-m standard for variances. [clears throat] We do not receive any public comment. Do you have any questions for staff? No. Thank you. Okay. Um, oh, Evan Fitz. Okay,

good evening. Evans Fitz. I'm with Fitz Architects. I'm representing the owners, Bill and Sonia Griffith, tonight. They're out of town. Um, this uh asking requesting to put an accessory structure in the front yard. I guess I'm calling this the secondary front yard. Um the the technical front yard is there the culdesac and audabon to the upper end. It's off the drawing but their yard goes all the way through to seventh street. That's their gar existing garage right there which technically is a accessory structure in in the front yard. Um there again there as Liam mentioned there are a number of of accessory structures that face Seventh Street technically in their secondary front yard. Um I I think so I this is not um unusual. It's a old neighborhood and uh was here way before the ordinances were drawn up. So, it's a little hodgepodgey, but I think it fits in nicely with uh with the streetscape. The fence is, as you saw, is existing. We that's that's new, but we were that was previously approved.

Did you have to get a variance to put the pool in the front yard? You was the pool already? Well, you know, I I I'm not sure. I don't think we did. So there's already an existing garage in the front yard and there's now a pool. Yeah. You're wanting to build a like a Yeah. pool house. Pool house. It looks like there's a lot of construction there. Most of that is just is is patios and terraces. the um and there's some couple of pergolas and then a small I see kind of a pavilion

um but but no real um um heated and cooled space um so the accessory structure won't be taller than the house.

No. And there is you can well there there are some street elevations which you you don't see but well there yeah on that elevation it is it's not the u the grade is three three probably where the structure the new structure is is probably four feet higher than the existing house but even then it it it does not that gives you a good idea of of how they relate to each other. I I I think there it's a nice uh a nice massing to the property. So, does this this is a question for the city. Does this property qualify as having two front yards?

It does. City does. You can see from the site plan here, it's got one street frontage along Autobond and then another on Seventh. So, we would consider this a through lot and have front yards on both sides. So, we're considering Seventh Street as the front yard instead of Ottabbon. That's correct. It's got two Seven Seventh Street. Ottabon is counted as their front yard and this is counted as their technically their backyard, but it's actually a front yard because it's on Seventh Street. Functionally, it's a backyard. It's just on Seventh Street, right?

Because the fence is up. We gave them a permission to have that fence up on Seventh Street because it was functioning as a backyard. And all the ones [clears throat] you have circled are the same situation. Correct. The ones circled here, the red circle. Yes. They're all the same same situation, same same setup, right? So technically, if you look at Seventh Street, there's the number 22 on a house that has a completely open facing lot to Seventh Street. That homeowner could come and request to put a swimming pool back there and a fence up. be the same kind of difference.

Or they could build a house. Two houses on one lot is always fine. Okay. Any more questions for this petition? Thank you, Mr. Fitz. Thank you. We don't have anyone signed up to speak for or against. Is there anybody in the audience that like to speak for or against this petition? At this time, we like to close public comment. I'll go to board comment. Mr. Hamner, you want me to vote? No, your [laughter] comment. No, I've made my comments about it. I'm fine with it. Okay.

I have no issue with this. It matches the other ones in the neighborhood. I agree. my fellow board members. Um, since we are with a variance, the uh I can see the hardship uh stating the two front yards as hardship uh in voting yes for this particular property.

You got to turn your mic on. My first day. No comment. All right. So, at this time, we'll close the board comment and I'll read the petition. ZBA-109-25 Evans fits petitions for a variance from the accessory structure regulations to construct an accessory structure in the front yard on the property located at 20 Autobond Place zone SFR-38 Council District 4. Voting Mr. Hamner. Yes. Yes. Yes. Yes. Yes.

Petition approved. All right, moving on. ZBA 11025, Kaix Duncan petitions for a special exception to allow the operation of a light vehicle repair shop at the property located at 3401 Greensboro Avenue, sweet 28, zone GC, Council District 7. Here we have an aerial view of the property. Mr. Duncan's unit, it's right there. Sorry, did you just start invest? Yeah, this is a multi-unit building. So, sweet 28. Okay. Right there in that corner. Oh, you.

And here we have the zoning that property. This is just down the street from South Finest Meets on Greensboro. This is what the storefront looks like. So, as part of the special exception, they're requesting to operate a light vehicle repair shop. The petitioner will perform services including the modification and repair of light vehicles. All equipment and dismantled vehicles will be stored inside the building. They'll be operating from 8:00 a.m. to 6 p.m. depending on how services are scheduled and it'll be staffed by two employees. So, here we have another image of the storefront and this kind of just shows the entire building [laughter] as it goes along. This is the side of the building here. And then the rear. These are some photos the applicant provided of the interior.

Got a lot of space in there. And these are regulations for light vehicle repair shops and decision-m standards for special exceptions. We did not receive any public comment. Do you have any questions for staff? Was it a previous repair shop? I'll let the applicant confirm that. Okay. Any other questions for city staff? Thank you. Thank you. Uh Kix Duncan.

Hey, good evening. I'm Kayla Duncan. I'm the owner of Exile Performance and Racing LLC. How y'all doing this evening? We're good. If you'll give us your address, Caleb. Uh, my address is 3401 Sweet 28 Green Avenue. Well, 3401 Green Avenue, sweet 28, Tuscalus, Alabama 35401. So, tell us about your plan.

All right. So, Exile Performance and Racing is a dedicated automotive repair and performance shop specializing in high perform well, high-end modifications, pre uh precision tuning, and custom builds. Whether it's unlocking hidden horsepower um or basically upgrading the handling and suspension of a vehicle, prepping a vehicle for the racetrack, or even um just doing general maintenance on your regular everyday vehicles. Exile delivers expert craftsmanship backed by deep technical knowledge from routine maintenance to full performance transformations. The shop is committed to giving drivers the um basically reliability, power, and performance edge they have been looking for when they purchase the vehicle.

And you're the mechanic? Yes, ma'am. Okay. Good commercial. [laughter] Now, um it was talking about making sure you can't park cars overnight outside and everything. So, will you be able to get the vehicles you're working on inside the building?

Yes, ma'am. So, uh, there have been accommodations, I think, in the building. We have those three bay doors that you see right now, and there's also a fourth connect to my building, but I just don't have the key to it yet. Um, but within those four units, I can park about 18 to 27 vehicles on the inside. And [clears throat] typically, we park, well, they give us exceptions to have parking spots on the outside as long as the cars are tires are added up and they're all the panels are on the vehicles. But mainly all my vehicles parked on the inside because they're high performance. Who? Who gave you exception?

Who gave you an exception to park cars on the outside? The property owner. The property owner told you you can park cars outside. Yes, ma'am. So, with that property, it's owned by Cub Smart um storage and I think they're changing the name, but it's owned by Cub Smart Storage and warehouse facilities. And so, they allow us to have two parks per unit. And so, I have basically four doors. Well, one on the side over here on the right and three right here. So, they allow me to have eight spots total. And then once I get my fourth unit, then they'll allow me to have 10 spots.

So that's for just parking for people coming. But he can't park cars he's working on out there unless they are What would be the stipulation on that? [clears throat] Going to pull up our regulations for light vehicle repair. [clears throat]

Okay. So, be no wrecked or dismantled vehicles shall be stored outside a building or a fenced enclosure for longer than 2 weeks. Fence enclosures used for wrecked or dismantled vehicle storage shall not exceed 10,000 square ft.

So, are you storing I guess the question is and I'm not understanding. You say you have three. It looks like three bays, but you said four bays and you can inst You're going to have cars inside each of the bays working on obviously. Are but you're not are you doing any work on vehicles outside of those bays in the concrete area outside where like customers would park? Uh no sir. So only cars that are be that are parked there are cars that are waiting but typically all the work is done on the inside. All dismantled vehicles are also on the inside. So they're waiting, they're parked there waiting to be brought into the bay to be worked on. Yes, sir. Okay. Or then once they're fixed, they're brought outside to be picked up by the customer. That's correct. But no wrecked or dismantled. Yeah,

that's correct. Yeah. All our priority vehicles are [clears throat] the high maint Well, the high performance vehicles. The safety is to put them on the inside since we don't have a a gate or a fence. I just want to clear that up. Yes, sir. Will you be the only mechanic or will you have people working with you? Uh, so right now there's only one other mechanic besides me and so it'll just be us two and then we're trying to find a third technician, but it won't be anytime soon. I better use the right term. He said technician, not Lincoln. I'm sorry. Technician. Okay. Oh, that's fine. [laughter] That cost a little more money when you're a technician. That's correct. Um, any other questions for this petitioner?

Was there I got a question for the city. Has there been any opposition We've not received any public comment. Okay. What are your hours of operation?

So, our hours of operation is typically going to be um 8 a.m. to 6:00 p.m. Typically, if we are working later because we service a lot of the Alabama football players or um people that just go out and race, so they'll have their vehicle dropped off. Um a lot of times football players, they want their cars fixed like that. So, if I'm not at my other job at Mercedes, then I'm typically at the shop and we're working on the inside, doors closed, but we're always gone by about 1000 p.m. We know with high performance cars, a lot of noise

and uh that that's that's a hightraic area. Um, and with those student apartments right behind it, you may make sure you maintain our noise uh uh noise variances and all that with the city. You will make sure all that together, right? So, we follow all the noise ordinances. Ordinances. Yeah. Yeah. So, uh, typically anything that's loud or that's going to leave or be moved, we'll make sure it's started up in the bay door and it's immediately taken off of the property. But typically, uh, anything that's going to be loud, we don't start it up after 6 PM. Okay. Okay.

That allows for study time for the student and any residents that may be in the [clears throat] area. Any other questions for this petitioner? Thank you so much. Thank you. We don't have anybody signed up to speak for or against. Is there anybody in the audience that like to speak for against this petition? At this time, we'll close public comment and go to board comment. Yeah, I'm fine with the uh request. Looks like he's got ample room to park cars and get them in and out. I have no issue with this special exception. I think the petitioner understands that all the vehicles is be worked on inside the bay. So, I have no issue.

I agree with [clears throat] my fellow board members. I think he has a great plan. He understood the questions and had answers for us. And he is a technician. So, I know he's going to handle this business. So, I have no problems with this petition. Yeah, I have no issues. I'm in favor. I have no issues. I think uh Kayla's going to do a great job. He had a he had an awesome mentor somewhere in his life that did a great job with him. At this time, I'd like to close board comment and read the petition. ZBA-110-25 Kais Duncan petitions for a special exception to allow the operation of a light vehicle repair shop at the property located at 341 Greensboro Avenue, Sweet 28, Zone GC, Council District 7. Voting with Mr. Hamner. Yes. Yes.

Yes. Yes. Yes.

Petition approved. [clears throat] All right, moving on to our short-term rentals tonight. Starting with ZBA 1112 or excuse me, 1125. Tide Legacy Properties LLC. petitions for a special exception to allow the short-term rental of a property located at 1314 15th Avenue, zoned SFR3H, Council District 4. Here we have an aerial view of the property and it zoning. This is just north of Vet Shelby Park. We have short-term rentals in the area and this is a view of the property from the street and the driveway. a little further in. So, Theres Mays located in Birmingham will be the primary contact and will be available 24 hours a day. Andrew Mays will also be located in Tuscaloosa periodically. The petitioner does not have experience managing short-term rentals. The house is equipped with a security system, smoke and carbon monoxide detectors, and emergency lighting. Is not owner occupied, and it will be used by Andrew Mays during travel to Tuscaloosa when not being rented short term. It's a three-bedroom, two-b house. We did not receive a um request from the applicant about how many adults or cars they wanted, but if approved, staff recommends four and two. Um we did receive public comment in opposition to this request. Do you have any questions for staff?

You said what again? You said no comments. We did receive comments in opposition. Oh, that's right. Okay. One comment. Yes. Okay. All right. Thank you. Miss Maize.

Good evening. Um I'm here kind of representing the the property for short-term rental. Uh my husband is a physician uh with Trio Vision and in March Tria Vision um opened an office on McFarland Boulevard. Tria Vision um was formed about a year ago with 15 doctors uh from UAB Callahan Eye. Um Tri Vision is now um the largest eye provider in central Alabama. Um and uh we just uh my husband and I uh decided to request short-term rental so that if staff, colleagues, other physicians or other staff need a place to stay in order to help juggle uh employee needs, we'd like to be able to rent our home to Trio Vision. We anticipate perhaps once or twice a month there might be a need for an overnight stay. We'd like to be able to do this so that liability wise we can get things in place um and be able to take the business deduction.

So you're aware that [clears throat] your first year there's a 30 30-day limit on how many time Okay. I don't anticipate us going over that at all. Okay. All right. And your husband will be the person on call in the event something happens? Well, I I can be also, but he's he will be actually staffing the clinic at least twice a month, some starting sometime in the spring. So, do do you have a I know it said that he'll be in Birmingham, correct? Pardon?

Your husband will be in Birmingham. Well, he's going to be working in Tuscaloosa at least twice a month out of the Tuscaloosa office. So, when the uh short-term rental is occupied, will he be here while it's occupied? Yes. Okay. But he won't be staying in the home while he'll have somewhere else to stay. Uh it could be him. It could be somebody else with his staff. Okay. So, when he's staying there, that's not considered short-term rental. It's just him staying there. When somebody else is staying there, if there was an emergency, they would have to call you all in Birmingham. You don't have anybody that's local that could take the call.

He he will be he will be there when that if if that need arise arise. Okay. Wait, wait, wait. He can't stay there if there's a short-term like if somebody else is short-term renting it, he can't stay at the house at the same time. Well, if the business Trio Vision is renting from Tide Properties, I don't know if that would be a problem. So, what you're saying is when your husband is staying there, Tria Vision will be paying tide properties for him to stay there. Now, when there's somebody else that's employed by Tria Vision to stay there, where will your husband be then? Well, we would be in Birmingham.

Okay. So if the other person who's staying there that Tree of Vision is paying for, they had an emergency, who would they call locally to come and handle the situation? Well, we would we would respond. You all would respond from Birmingham. Okay. All right. From Birmingham. Yes. Typically, we we ask that it's someone that's local because from Birmingham, it may take you 45 minutes to an hour to arrive. And if you're contacted by TPD or anyone to say, "Well, we need you at the residence to a property management situation if we needed to um with the people that work with Tria Vision."

Yes, ma'am. I mean, our intent is to be working with people that we already know. Sure. Any other questions for this petitioner? Okay. Thank you so much. There's no one signed up to speak for or against. Is there anybody in the audience that'd like to speak for or against this petition? At this time, we'll close public comment and we'll go to board comment. Mr. Hamner. Yes. I'm generally supportive. I am concerned about contact being an hour away. So, um, possibly having property management agreement with someone who can respond quickly would be my preference. I'm support.

I have no issue with this. there's others in the area. I I have no issue. I agree as well. Um would like to see someone local in the event that there's emergency that requires immediate decision making at that time. So, please think about that. But other than that, I don't have any issue. Yeah, I agree with other board members. Um and I agree with staff recommendations of four adults and two vehicles. Um I agree. I agree.

Okay. This time we'll close board comment and I'll read the petition. ZA-112-25 Tide Legacy Properties LLC petitions for a special exception to allow the short-term rental of a property located at 1314 15th Avenue 1314 15th Avenue [clears throat] zone SFR-3H council district 4 uh four adults two vehicles 30 nights one year propation voting Mr. Hamner. Yes. Yes. Yes. Yes. Yes. Petition approved. Y'all catch that? 15 13450. 134. [laughter]

All right. ZBA 11325. Kim Roberts petitions for a special exception to allow the short-term rental of a property located at 131212th Street East zoned SFR2 Council District 5. Here we have an aerial view of the property and its zoning. This is just west of Texas Roadhouse in Aldi and short-term rentals in the area. This is a view of the property from the street and a little bit better view of the parking. So, Bama Vacation Rentals will be the primary contact. We'll be available 24 hours a day in case of emergency. Petitioner has over 20 years of experience managing short-term rentals. House is equipped with cameras, keypads, lock boxes, and a noise detection system. It is not owner occupied will be used for long-term rentals or remain vacant when not being rented shortterm. House has four bedrooms and two bathrooms. Petitioner is requesting eight adults and four vehicles. If approved, staff recommends eight and four. We did receive one public comment in opposition. Do you have any questions for staff?

Thank you. Roberts.

Hello. Uh Kim Roberts, 46 Sherwood Drive, 35401. Uh this family um lives out of state. They have a son on the football team and so they will be actually using it during football season most of the time. U and then we will be renting it out for them uh outside of that when they're not here watching their son. Do we know the player that's on the Look at the last thing. [laughter] Okay. Um, this house previously operated as a short-term rental. Um, and so it's a large home. And what was it approved for? You took the I'm not sure it wasn't under Does the city know?

We'll check. One second. Lyn, you're supposed to have this. You know, we're gonna ask that. [laughter] It's a nice property. Yes, it looks like it's built for partying and they're doing a lot of work on it and up doing some upgrades to it. Yeah, I saw it. It didn't have the deck and all that on it at first and then they added that huge deck and the backing back and it's Yeah, it's it's nice. It's close to several of our other properties that we manage over in that area as well. staff on one of those drawings. Did I see the uh a house over the property line?

So, these property lines are kind of a a rough estimate. They're not 100% accurate. It can be shifted. That's not a picture. You can see where it is shifted next to that culde-sac there. the height of the camera and stuff. So, you're satisfied that we're okay on that then? Yeah, that that wouldn't have any impact on this. Also, according to our records, it looks like the last short-term rental case for it was withdrawn. Doesn't seem like we have any record of it being approved as a short-term rental before.

Okay. Um, the only issue that Okay, that's that's fine. Um, okay. Any other questions for Miss Roberts? All right. Thank you. We don't have anybody signed up to speak for or against. We did have one u letter comment submitted to us in opposition. Um, at this time, I'll close public comment and I'll go to board comment. Mr. Hamner, I'm I'm supportive. Yeah, I have no issue with a short-term rental. Yeah, it looks like it's built to be a party house. [laughter] I don't have any issue with it. Yeah, I have no issues. I'm in favor.

No issues. I'm in favor. Okay. At this time, I'll close board comment. I'll read the petition ZBA13-25. by Kim Roberts petitions for a special exception to allow the short-term rental of a property located at 131212 Street East zone SFR-2 Council District 5. Uh eight adults, four vehicles, uh 30 day 30 days and one year probation voting with Mr. Hamner. Yes. Yes. Yes. Yes. Yes.

Petition is approved. All right, moving on. ZBA 11725, Ben Uzul petitions for a special exception to allow the short-term rental of a property located at 107 Almond Avenue, zone DH, Council District 5. Here we have an aerial view of the property and its zoning. Here we have short active short-term rentals in the area and a view of that property from the street. Benuzel located in Tuscaloosa will be the primary contact will be available 24 hours a day in case of emergency. Petitioner has 5 years of experience managing short-term rentals. House is equipped with keypad locks and is not owner occupied. Be used as a second home when not being rented short-term. House has four bedrooms and two bathrooms. The petitioner is requesting eight adults and four vehicles. If approved, staff recommends eight and four. We did not receive any public comment. Do you have any questions for staff? Thank you.

All right. Good evening. Good evening.

Um, thanks for hearing my petition. My name is Benazelle, 1837 Woodridge Road. Um, this property, uh, I was originally approved [clears throat] to rent short-term rental in 2020 and, uh, on a temporary basis, and I came back to get that renewed, I believe, two years later, and I'm just here to, uh, continue to request that to continue to be able to rent the property. Um, originally when I received a license, it was added to my current contractor city license and they were no longer combining licenses. So, they told me I had to start the approval process and go through, you know, back in front of the board again.

How many um adults and vehicles was it approved for in the past? Um, well, originally it was approved for six adults and three vehicles. Um, it's it is a fourbedroom though. one of uh I did have one of the bedrooms set up as a home office and so I've kind of moved it around where there's more room. But as far as the parking um there's a lot of uh pay parking in the back and on the side so there's more than enough room for additional vehicles. Okay. Any questions? Have we had any complaints or anything like that? No, ma'am. Okay. Thank you so much.

All right. Thank you all. There's no one signed to speak for or against. Is there anybody in the audience that like to speak for against this property? Okay, we'll close public comment and go to board comment. Mr. Hamner, yes, I'm supportive. I'm in favor. I'm in favor as well. I have no issues. I'm in favor. I'm in favor. Okay, we'll close board comment. I'll read the petition. ZBA-1-117-25 Ben Uzel petitions for a special exception to allow short-term rental of a property located at 107 Alman Avenue zone DHE-H council district 5 voting Mr. Hamner. Yes. Yes. Yes. Yes. Yes. Petition approved. [clears throat]

All right. Moving on. ZBA1825 Brian Blocker petitions for a special exception to allow the short-term rental of a property located at 12 Dogwood Lane zoned SFR1 Council District 7. Here we have an aerial view of the property and it zoning. This is just south of Skyland Elementary and active short-term rentals in the area. This is a view of the property from the street. [snorts]

and its driveway. Brian Blocker, located 15 minutes from the property, will be the primary contact in case of emergency. Petitioner currently manages two short-term rentals in Tuscaloosa. House is equipped with keypad locks, cameras, and noise monitors. It is not owner occupied and will be used for long-term rentals or remain vacant when not being rented short-term. It's got three bedrooms and two bathrooms. Petitioners requesting six adults and three vehicles. If approved, staff recommends four adults and two vehicles. We did not receive any public comment. Any questions for staff? No questions. Thank you. Thank you.

Good evening. I'm Brian Blocker live at 11435 Stellaway Northport. Um petition for this um to use as a short-term rental. Like I said, we oper we only operate two already. I think we're in good standing. This was previously a short-term rental with many reviews and also in good standing. Okay, any questions? Are you good with the staff's recommendation four and two? I would like for uh six and three if possible. I think you can get them in there fine side by side at the end. The staff has recommended four and two because of the driveway and so you're okay with four and two. Okay. All right. Thank you.

All right. Thank you. Any other questions? No. Is there any opposition? Nobody signed up to speak for or against? Okay. We'll close public comment and we'll move to board comment. Yep. Given it was shortterm before, I'm supportive. No issue with staff's recommendation. I agree as well. Staff's recommendations for two because of the parking situation. [snorts] I have no issues. I'm in favor of staff recommendations. I'm in favor of staff recommendation.

Okay. We'll close board comment. I'll read the petition. ZBA-118-25 Brian Blocker petitions for a special exception to allow the short-term rental of a property located at 12 Dogwood Lane, zoned SFR-1, Council District 7, four for four adult, two vehicles, 30 nights, one-year probation. Voting with Mr. Hamner. Yes. Yes. Yes. Yes. Yes.

Petition approved. [clears throat] All right, moving to our final cases tonight. I'm going to present these together because it's the same applicant and location. Um, starting with ZBA 11525 Jaquan Winters, petitions for a special exception to allow a short-term rental of a property located at 23 Windsor Drive, zoned SFR1, Council District 5. Here we have an aerial view of the property and its zoning just down the street from the Gateway Center. [snorts]

and short-term rentals in the area. Here we have a view of that property from the street. Jaquan Winters located 8 minutes from the property will be the primary contact and will be available 24 hours a day. Petitioner does not have experience managing short-term rentals. The house is equipped with exterior security cameras, keypad locks, and a noise detection system. It is not owner occupied and will be used for long-term rentals and remain vacant when not being rented short term. The house has three bedrooms and two bathrooms. They're requesting four adults and two vehicles. If approved, staff recommends four and two. We received three public comments in opposition and one in support. You have any questions before I move on? Okay. ZBA 11625, Jcoan Wyers petitions for a special exception to allow the short-term rental of a property located at 20 Windsor Drive, zone SFR1, Council District 5. Here we have an aerial view of the property. This is just across the street from 23 Windsor Drive and it's zoning and active short-term rentals. You see 23 is right across the street. Here's a view of that property from the street and driveway one and driveway two. Jaquan Winters located eight minutes from the property will be the primary contact and available 24 hours a day. no experience managing short-term rentals. Um, it's equipped with exterior security cameras, keypad locks, and noise detection system. Is not owner occupied and will be used for long-term rentals or remain vacant when not being rented short term. House has three bedrooms and two bathrooms. Petitioners requesting eight adults and four vehicles. If approved, staff recommends six adults and three vehicles provided both driveways are utilized. We received four public comments in opposition to this case. Do you have any questions for staff? Thank you.

Thank you, Mr. Wyinners. We open with a winner and we close with a winner.

Good evening. Shaquin Winters, 38 Elorado East, Tuscaloosa, Alabama 35405. Um, I'm here asking for a short-term rental used at 20 Windsor Drive and 23 Windsor Drive. I'm a local real estate agent with Preachermore Real Estate and I purchased these properties with the intentions of uh renovating and selling them. Um the first one I was I purchased um from a close uh friend, former employer, and she needed uh a quick sale something. She needed a quick sale and I was able to come in and help her out with that. And then while renovating that property, the property across the street, the um owner passed away and and I was able to purchase that one. Um again, I have the intentions of selling this these properties, but um I've had some hurdles with my timeline and so I want to open up my options for well open up for additional options and short-term rental being one of them. If approved, I plan to rent during UA games, parent weekends, and events related to UA schedule. Um, it's my intentions to have long-term tenants, but I would like to have the flexibility to short-term um to working professionals such as traveling nurses given the proximity to the hospital. Um, and I've reached out I reached out to several of the neighbors surrounding the property and I understand that they may have concerns. Um, but it's my intentions to maintain the integrity of the subdivision. Um, I will have cameras, uh, noise monitoring devices, uh, uh, clear posted rules and regulations, and again, as you all saw, I'm less than 8 minutes away from the property and I will be available 24 hours a day. Any questions?

Picture Moore, you work over there with Tanner. Yes, sir. Yes, ma'am. Tanner Ashgraph. Yeah, Ashcraftoft. He knows all about. So, he'll help you if you have any questions, I'm sure. If you are approved. Any other comments for All right. Thank you. Thank you all. All right. So, we have several people signed up to speak for and against two minutes. Starting with Miss Charlotte Reid. Please come forward.

[laughter] I feel like we're jumping the Grand Canyon. I've never done this before. I'm Charlotte Reed. I live at 33 Windsor Drive. Been there for 43 years. This is Mary Ruth Mary Ruth Shores. I've been at 11 Windsor Drive since 1994.

I've been in my residence for 43 years again. And I'm very concerned about this because that is a culdeac that both of those houses are on. There are four houses that are in that area. My house is not one of them, but there's not room for that kind of activity, I don't think, for football games and our parents' weekends. Um, we have renters in our neighborhood. A long-term rental would be great with us because we're a community, excuse [clears throat] me, um, that we could have relationships with so that they would we get to know them. Okay. Um, if you short-term rental 30 days, those houses are going to be empty for the rest of the year. We have three properties right now that I know are rentals. One of them faces University Boulevard. There is a broken window that is boarded up with cardboard. I have written a letter to the owner who lives in Birmingham and said, "Could you please fix the window?" No response. I called the city. They sent representatives out to check it and they told me there is no ordinance against a boarded up window. The other property that's rented in the neighborhood, the students didn't start partying until after midnight. They came outside 2:00 in the morning and the number of cars that were counted there, some of the other neighbors that live closer can tell you how many cars were parked there. Houses that are rented, I have called the real estate agent and I have said, "The grass needs to be cut. The shrubbery has not been trimmed. The

bushes are taller than the roof." So, when you have someone that is like you say 30 days if you get short-term rental the first year because I've applied before I know the rules. The houses are then going to be empty. Those two in the culde-sac for the rest of the year. We should not have to call the city to say the grass needs to be cut. The window needs to be fixed. It's broken. We should not have to do that. We should not have to call somebody and say, "The grass needs to be cut." You should not have a party with 30 or 40 cars on the street. They don't come outside and start partying till after midnight, 2 and 3 in the morning. Some of the people here probably have photos of those cars.

There are police reports

and police reports. Do you have anything else? So, I will say to you ladies, the good thing about short-term rental and the difference between short-term and long-term rental, a short-term rental, if they have a party like that and you call 911 and there's a record of it, 311 or 911 and there's a record of it, then when they come to be renewed, that is something we take very seriously. So, we ask always, has there been an incident? if somebody's coming before us and they let us know and if there's an incident, we usually don't renew them. Whereas with a long-term rental, they can do whatever. We have no control over that. Short-term rental, they have to park in the driveway. That's why you hear us say two vehicles and um four adults or three vehicles and six adults. If they park on the street and it's a short-term rental, you can report that. And you have more control over short-term rental than you do long-term because any reports that they receive, they're not allowed to renew. Usually, we don't allow them to renew.

The repercussions for those people though that rent short term and there is an incident, they're not invested in our community. They're here for a ball game. They're here for a party. And I like to party, too. I mean that I'm not against pardoning but uh I just think that as a small community of elderly people mainly it's a lot. Do you understand? Thank you.

It makes no sense to me and I ask you why you're going to put in sidewalks in Alberta improve everything but our neighborhood will go uh the value will go down. I pay a tremendous amount of property insurance. The people that I'm paying the insurance for are saying your property is worth such and such, but they don't see what's in the neighborhood, the yards that need to be cut, the windows that need to be fixed. And I must admit, I was out walking. There were cars in front of one of the houses. And I asked the people, "What do you know about this meeting today?" One of the people, a lady was the real estate agent. She was showing the house to a lady from Texas. And I said that we were having this meeting today. The real estate agent knew nothing about it. The lady from Texas said, "They will not let this happen to us in Texas. It will only cause your values to go down." I have a question, Miss Shores. You mentioned that uh you had previously applied for short-term rentals. Yes, I did. Were you approved?

Uh long story. I have a an art studio out back and they inspected the art studio. I paid my $400. I got my fire extinguisher, etc., etc., and they said, "Well, not quite sure that you're going to be able to rent the guest house or the art studio." And I said, "Okay." And then they approve me for the home. 30 days, so many cars, so many people. And they proceeded to ask me where I would go if I rented the property. And I said, "I'll go out back and sleep in my art studio. I have a bathroom. I have air conditioning and I have etc etc. They said no you cannot sleep on your property out back. And I proceeded to say oh I'll go to Huntsville and stay with my children. And when that happened I thought I will not do business when you tell me I can't even sleep on my own property. It wasn't worth it to me. So I did not proceed forward with short-term rentals. Was it Was it in the property that you reside in now?

I'm sorry. Yes, sir. Yeah, I'm still living in my home. Yes, sir. Thank you. Thank you.

Okay, we have uh John Hall. Good evening. My name is John Hall. Leave 21 Windsor Drive, right in between both of these properties. I uh I have six jobs. My number one job is a school teacher. I've been teaching school for 29 years here in Tuscaloosa. But the secondary job that I have is I drive for Uber and I drive all over this city. I drive everywhere. And you're going to tell me, you go out at 2 in the morning and look at these houses and tell me that there's only six people in them. There's only three people in them. I've seen it. Uh-uh. There's 20 people in these houses and they're having a party. Now, most of the time, everybody else is having a party, too. We live in a culde-sac. We live in a neighborhood. Miss Shores walks the neighborhood all the time. There are many other gentlemen that walk in our neighborhood, walk our dogs. My 17-year-old daughter lives at my house. She doesn't need to see all that. I don't even care if it's eight times a year. She doesn't need to see that. And my next door neighbor, he's got a little girl and a little boy. Oh, little boy. He's 17 now. Uh, I understand people are trying to make money and you know, you buy a property and you can't sell it and you want to get something on the back end until you can sell it. I get that. But not at the expense of our neighborhood. Not at the expense of what we call home. He doesn't live there. Yeah. 8 minutes away. Great. But this is going to cause a problem. I guarantee you this is going to cause a

problem. So, I hope that y'all will uh at least if you have to do something, grant him one, if not none. Two in a culde-sac. There's no room to park. And I guarantee you these kids or these these parents are going to park in that culde-sac and they're going to park on the street and they're going to be up at 3:00 in the morning having a good time. And that's what Bama games are for. But I got to get up and go to work. Thank you for your time. Thank you. Uh Andrea Hayes.

Hi. Um so me and my wife, we live on 25 Windsor Drive, which isn't in the culde-sac, but is a few houses one house down. Um and we moved in about a year and three months ago and looked at different areas. And we chose this neighborhood because it was quiet. We came by by several times, saw the people that he mentioned walking around. Um, and we have all intents of starting a family and staying there for a long time. My concern is with people coming in and out. Um, it is a slow neighborhood. No one speeds thankfully. Um, and having more cars coming in and out as well as people we just don't know. Um, it's tight. the culter sack is tight and I do not believe that we there won't be parties that there won't be more people than there should than there should be. Um and I also think it will affect the feel of the neighborhood and the community that is already there. Um I understand it's close to UA and folks will be going to UA. It's just an 8-minute drive. Katie works at UA. She loves her commute. I work further away. Um, but I just don't I like they said earlier would be okay with a long-term rental um with somebody we can get to know. We've started to get to know our neighbors on our little part. Hank cuts our yard, you know, for us. Um, and it's very friendly, but I don't think having people coming out in and out will help with that at all. Um, and I just have concerns like other people have stated. So,

thank you so much. Is there anyone else that'd like to speak for or against this petition that's here today? Okay. Uh Mr. Wyers, you can have comments and response.

You have two minutes.

Good evening again. I truly do hear the concerns of the the neighbors and again I expressed that I purchased these properties with the intentions of selling and I heard the two young ladies speak and they mentioned that they were concerned about the houses being vacant but prior to me purchasing the home 23 Windsor was uh it was owner occupied but the owner she did not live in the house for at least the last four years and I know that because she personally shared that with me. And then again, the uh 20 Windsor um the lady passed away and in the process of me renovating the one across the street, I was able to purchase that one. So, it was vacant for a certain amount of time as well. And, you know, adding value to the home. I can't express how many times, you know, I go to the neighborhood daily and someone uh approaches me and says, "Good job. We really appreciate what you've done for this community and these houses." 20 Windsor, 23 Windsor, uh you couldn't walk to the backyard. It's pretty much a forest. And the neighbor right beside me, you know, she approached me and said, "Thank you. Um we we really we really appreciate what you've done." 20 Windsor. The reason why they were so confident was selling it to me because they saw what I did over at 23 Renzor. And if I'm not mistaken, I think um 21 Windsor came to speak against the the property and you know um that property has been using the driveway at 20 Windsor you know and I haven't you know complained to them about it or said anything but I I again I hear the concerns and you know I'm in real estate. I understand the business. I mean, I come into something and I want to just add value and you know, that's what I'm looking to do here. I'm not trying to mess up the integrity of the sub.

So, you would be the person they would call if there was any issues you and express you would handle it immediately. I reached out to everyone here today. If your neighbors called you and said, "Hey, we have a problem at the home." Would you immediately address it? Yes, ma'am. Okay. And so you're okay with giving them your information, letting them know, [clears throat] and contacting and working with them because you want to keep the neighborhood the way it is, the character of the neighborhood? Yes, ma'am. Any other questions?

Could you um Liam, could you put the uh culde-sac back up, please? And maybe zoom in a little bit more on that. I'm interested in where are the uh if and probably when there's uh more than whatever number of cars that the minimum number of cars and there probably will be some parties in there. Where are they going to park? Where are the cars going to be parked? Which property are you referencing?

Either one. So you only can have the allotted number. If we approve four adults and two cars, there can't be a party with four adults and two cars. Like that's all that can be there. If there's six adults and three cars, that's all that can be there. So anybody more than that when it's short-term rental is out of or out of the ordinance. And so they would need to call and report that because there shouldn't be a party if you only can have six people, six adults. Now you can have little kids. Can you guarantee there will be no parties there with um any any more cars than what?

What I can guarantee is that I'll be available 24 hours a day and that we will, you know, stream our applicants for short term and make sure that we were renting to a mature crowd. What I'm what I'm afraid of is the guy there is a guy here that works at 2 in the morning. I think he's had to leave or something like that early in the morning and they have a party and they're going to they have a party at 2:00 in the morning. He can't get out of his driveway cuz it doesn't look like there's a lot of space there. What's he supposed to do? I'll give him my number and he can call me and I'll I'll address it and you can get there real quick cuz he'll be late for work.

Yes, sir. And then the police department have to be called or are you going to handle it? I'll handle it. Now, if he, if I'm the correct, city, if he has long-term renters, they can have all the parties they want. They can park wherever they want in the grass, in the culde-sac, block everything, and nothing you can do about it. No, they can't park in the grass, but they could park on the street, and they could, you know, have a party. Anyone could have a party, I guess. Yeah. I guess unless the city comes out there and says no parking and put up signs says no parking, right? Yeah. If it was yellow curbed. [clears throat] Mr. Wy, how how long you been in real estate?

I'm going on my sixth year. Okay. And you understand about the value of property, right? Yes, sir. You understand about maintaining housing, maintaining um uh the the integral, the the the richness of the neighborhood. All I can't find the word. You understand all that, right? Yes, sir. You understand that short-term rentals on the short-term process of making money, whatever. You are trying to sell these houses. You beautified the property. You've done all that. So, I don't think you would do nothing, right, to um jeopardize what you invested in. Right. I would not. Okay.

All right. Any more comments for Mr. um Winters? Any more questions? Thank you. Hey, thank you all. At this time, we'll close public comment and we will go to board comment. Mr. Hamner. So, I have personal experience with short-term and long-term rentals. I'd rather have a short-term rental next to me than a long-term because long-term is going to park in that culde-sac and they can do that. Short-term, I can call either the guy running it or they can call the city and they won't get their license renewed. So, um they said they can't hear you, Marty. Speak more into the mic.

Okay. Um, so I'm uh generally in favor given it's limited, given that they have a set of rules and if they're not met, they're not going to get it. Um, again, a realtor's generally fixing these houses up. He's made the comment he's going to sell them eventually or do longterm and they're going to have to be fixed up.

You know, usually we have people come out and start questioning the short term versus long term. And we appreciate your comments and y'all's concerns. Uh the gentleman is in real estate and he's he's been in the real estate seems like for a while. So he understands the value of a neighborhood and the importance of it. You know, I'm two of them in the neighborhoods all is tough than one. Uh which I agree with. Um I know I will not be in favor of a eight and four. I would be more in favor of something limited the first year of more of a four and two at least for one of them to limit the concerns or the number of parking and the amount of parties. So, if we could come to agreement on something like that, I'd be more amp to to vote yes.

I agree. My fellow board members, I do hear your concerns. I live in a neighborhood that has a short-term rental that is one house down from me, and it is vacant most of the time, pretty much all year long until there's a game. We really don't know when the person comes in and what they're doing or what's happening with the short-term rental. I will say utilize 311, utilize 911. If something happens, call Mr. Wyinners, report to 311 because in that year, they only get 30 days, and they never really take 30 days all at one time. It's usually one weekend. Uh football season is over right now, so all you're going to have is maybe parent weekend, the concert, and that type of thing. Going into the new football season, if you have issues, go ahead and call it in. And then next thing you know, he'll be coming up for renewal. And if we see complaints, legitimate complaints for issues that have happened, that is taken in consideration with renewal and they they make them come right before us. Sir, you have something. We've closed public.

How often does it get for renewal? Once a year. So the first year is a probationary period. Once they have that probationary period, they are able to come back and renew. And at that time, it's three years that they'll have the renewal. They'll renew their business license every year. And that's reviewed by staff. Oh, so then they review it every year, the business license, then they send them to us if there's a problem. That's right. So they would once when they go to review their business license, then they'll send them to us if there's a problem. Like they got several complaints, then they will come to us. Can I come up?

No, sir. We've closed public comments. Um, so we are um we are advising you to do that. I'm in favor of like a 4 and two and a six and three. Uh, I want to be friendly to the neighborhood. Two is a lot. I can in living in between two of them, I can see that being an issue. But with those two driveways, I feel like you will have enough space with that home right there. Sir, we've closed board comment. Public comment. So, thank you. Okay. Sir,

our group of other board members, uh, I'm in favor. Um, we've heard certain complaints as far as having parties and parking or what have you. Um, repeating what some of my other board members have said, short-term rentals, you have guidelines and rules you have to follow that you don't have to follow with long-term rental. So, we've had uh residents say, "Well, let's go with long-term rental." Longterm rental is classified as anything over 30 days. Correct. So, basically with long-term rental, every 30 days, you can have a new person in that house. With long-term rental, there's no limit to the number of vehicles. So, I can occupy a house and they can have 12 cars. They can have six in the driveway, six parked in front of your house, just not blocking your driveway. That's with long-term rental. Short-term rental, you're limited to two cars for one property and three cars for another. Um, Mrs. shores came up here and she was against short-term rental. However, she also stated that she had applied for short-term rental in the property that she's currently residing in now. So, at one point in time, Miss Shores was actually okay with short-term rental for a house in your neighborhood. So, it all boils down to if there are any issues, if it's approved, like board chair said, contact 311, file a complaint, and if there is an issue, it will be notated, and when once renewal comes around, more than likely, it won't be renewed. So, I'm in favor.

Yeah, I think Mr. Winners is highly capable of understanding laws and variances and zonings and all that kind of different things. He understand the premise of short-term rentals and what what the dos and don'ts are, what you can and can't do. I think he's highly capable. And I also he's been in real estate, he understand property value and and all that kind of good stuff. So, I'm in favor.

And the last thing I will say is that um with the short-term rentals, we've had over 200 plus short-term rentals now. And since I've been on the board, we have had like I think one or two that have come back with complaints that we nonrenewed. Um you really just don't have the issues that people say you have with them. The partying and all that type of thing. We don't get a lot of those reports and a lot of people calling and all that information and they renew. I mean city we don't have a lot of issues since Zach you we just don't have the issues that people are saying. So watch it heavily, monitor it heavily. If it disrupts you the first time, call Mr. Wyers, let him know. Give him the opportunity to rectify it. If he doesn't, call 311, call 911, whatever you have to do to get it handled. Um, but I believe he will be a good steward in your neighborhood. And his goal is really, he a real estate agent, so his goal is really to sell them and not keep them as short-term. He just wants the options, I believe. Um, at this time, I'll close board comments. I'll read the petition. We're gonna the Okay, I'll read them. ZBA-115- Do we need to do them separate? Uh, ZBA-115-25. Jcoin Wyinners petitions for a special exception to law short-term rental of a property located at 23 Windsor Drive, zone SFR-1, Council District 5. Four adults, two vehicles, 30 nights, one-year probation. Voting with Mr. Hamner.

Yes. Yes. Yes. Yes. Yes. Petition approved. Next petition, ZBA-116-25. Dcoin winners petitions for a special exception to allow a short-term rental of a property located at 20 Windsor Drive zone SFR-1 Council District 5. Six vehicles, three six adults, three vehicles, 30 nights, one year probation. Voting, Mr. Hamner. Yes. Yes. Yes. Yes. Yes. Petition approved. All right. We need to approve [clears throat] our Yeah, calendar year for the 2026 calendar. We need a motion. So move second. Voting Mr. Hamner. Yes. Yes. Yes. Yes.

Yes. Calendar is approved. We are adjourned.