Screen shot from Homewood City Council video.
The Homewood City Council on Nov. 27, 2023, voted 6-5 to retroactively approve this retaining wall that is 4 feet into the city right of way at 3019 Firefighter Lane.
The Homewood City Council on a 6-5 vote this week granted retroactive permission for a retaining wall that was built in the front right of way at 3019 Firefighter Lane.
Inspections and Permits Director Wyatt Pugh explained that no retaining wall was in the plan when the new house was built. When the residents decided to add the retaining wall to the front yard, city officials asked them for a survey to be sure the wall was outside of the right of way.
Pugh said the resident had the wall erected within what looked to be survey stakes that were in the ground. Those stakes were improperly placed, and the wall was built 4 feet into the right of way, he said.
Council members were told the resident would have to pay $100,000 to remove the wall.
“We’ve had this happen before, maybe at times when it wasn’t as innocent,” Council President Alex Wyatt said. “In the past, we have denied the variance because it was retroactive. I want to be fair to the people we’ve done that with before. I certainly appreciate the size of the wall and the cost associated with it. I’m sympathetic to that, but that, in my mind, doesn’t play into handling them consistently from house to house.”
Jalette Nelms agreed. “I just want to be fair to our neighbors and to our ordinances and variances,” she said.
Walter Jones noted city rules that prohibit front yard fences. Pugh said the fencing is more of a guard because of the elevation of that part of the front yard.
“There were no inspections done on this wall,” Pugh said. “By the time I became aware of it, it was already in process.”
Andy Gwaltney, Melanie Geer, Carlos Alemán, Andrew Wolverton, Nick Sims and John Hardin voted to approve the variance to allow the wall to remain. Voting no were Wyatt, Nelms, Walter Jones, Barry Smith and Jennifer Andress.
Later, the council considered condemning an accessory structure at 2819 Crescent Avenue. The matter was dropped as the property owner addressed what had been an unsafe structure.
Public hearings were set for 6 p.m. on Dec. 11 for requested sign variances at 3430 Independence Drive, Hero Donuts at 1726 28th Ave. S., Bricktops Restaurant at 2800 U.S. 280, Luca Restaurant and Market at 1722 28th Ave. S. and Slice Pizza at 1010 Oxmoor Road.
A public hearing was also set for 6 p.m. on Jan. 8 to consider the amended development plan at 800 Lakeshore Drive to permit Samford University to construct a new five-story, 515-bed freshman residence hall.
In other business, the council:
- Appointed Josh Quattlebaum to the historic preservation commission
- Accepted a $150,000 grant from the Alabama Department of Environmental Management
- Delayed consideration of the renewal of the city’s contract with Flock traffic cameras to hammer out a few details
- Granted permission for two pine trees to be removed from the city right of way at 308 Devon Drive
- Gave permission for Urology Centers of Alabama to work in the right of way to install a handicap accessible parking space
- Granted approval to the final development plan for Homewood Animal Hospital at 501 Scott St., expanding from the hospital’s current three exam rooms
- Conditionally approved a liquor license for Mexi King’s Grill at 801 Green Springs Highway. A release letter is required for the business that’s in the former Shrimp Basket building
- Authorized the mayor to sign the contracts and pay the fiscal year budget appropriations for United Way’s Meals on Wheels, the Exceptional Foundation and the Birmingham Zoo
- Authorized the mayor to sign an engagement letter with the accounting firm of Carr, Riggs & Ingram
To address January holidays, the council set the following meeting dates.
- Jan. 8 — Council committees and council meeting
- Jan. 22 — Council committees
- Jan. 29 — Council meeting
