Photo by Erin Nelson.
Rachel and Clayton Mobley, the new owners of the historic Pink House in Homewood, stand in front of the house in December 2020.
The owners of the historic Pink House are filing a lawsuit against the city of Homewood.
The lawsuit is an appeal to Jefferson County Circuit Court in response to the June 3 Board of Zoning Adjustments meeting, where owners Clayton and Rachel Mobley were denied their requests for two variances that would help them restore and live on the property.
The first variance was to allow the placement of a swimming pool in the secondary front yard that is closest to Roseland Drive. The second was to increase the maximum building height from 35 to 46 feet so the Mobleys could construct an addition to the house where they planned to live. The addition would be an attached house that faces Roseland Drive.
Their requests were denied in a 3-2 vote, and Rachel Mobley said in a June 11 Facebook post that they had two paths forward: to see if one of the “no” voters on the BZA make a motion to reconsider the case and revote at the next meeting or to file an appeal in circuit court. On Thursday, the Mobleys announced they have decided on the second option.
“The only way to file an appeal is to actually file a lawsuit,” Clayton said. “That’s not necessarily something we intended to do when we started all of this; however, it’s the next step forward. We don’t harbor any ill will toward the BZA, City Council, mayor or any city official. This is just the next step forward to try to get something done.”
By filing an appeal, the Mobleys are getting their case in front of a judge, who will be selected at random.
The house, which was built in the 1920s, is currently unlivable. Some parts of the ceiling are leaking or at risk of falling in. It’s in pretty bad condition, Clayton said, but it can be restored. But in addition to preserving the historic aesthetic of the property, the Mobleys also said they want to create a desirable home with more space, function and modern comforts, such as central heating and air.
“We believe that the careful plans that we have made are the best possible solution to restore the Pink House and the historic gardens while still providing a viable home for the property,” Rachel said. “Following the advice of city officials, we’ve already compromised and changed the plans with multiple revisions since December to help get it passed. At this point, we feel like we’re going in circles.”
When The Homewood Star first spoke with the Mobleys in November 2020, shortly after the couple purchased the house, they were excited about their plans to restore the house and grow their family within its walls. Now, the couple says they feel tired. The process hasn’t been what they expected, Clayton said.
“We knew that everyone cared about the property and that would bring complications, but we truly felt like no one wanted to have five houses on it, and everyone did want the Pink House to be restored,” he said. “The beginning of our planning process felt like everyone was all working together: us, the city and the community. Then each time we worked through a list of revisions that were requested, we’d find another hoop to jump through. Then once we felt like we’d jumped through all of the hoops, we were turned down.”
The Mobleys are motivated to keep pushing forward, though, because their dreams are tied to the Pink House, Rachel said.
“Our visions for our family are wrapped up in the magic of this place,” she said. “And this place has so much magic. … Fighting to keep the Pink House and its historic gardens intact, it’s just worth it.”
Rachel said those who want to show support for their effort can call or email their City Council representatives, share posts on Facebook or sign the online petition.
“We want everyone to know that we love the Pink House, but our current prospect isn’t secure,” Clayton said. “Unfortunately our voice was not enough at the BZA meeting, so now our best hope is that the community will rally even stronger and our elected officials will listen.”
On July 16, the city filed their response to the appeal along with the minutes to the June 3 BZA meeting, so the legal process is acknowledged and underway, Rachel said. Follow Pink House Plans on Facebook for updates.
