How much should Birmingham regulate enclosed balconies, patios, terraces

Amidst a growing trend of Birmingham residents enclosing their balconies, patios and terraces, city officials may regulate the practice.

The Birmingham City Commission and Planning Board decided in a joint workshop session June 17 that officials will examine a formal review process and/or regulations to potentially govern approval for such structures.

“There are many balconies and terraces that project in to the right of way, some don’t,” Planning Director Jana Ecker said. “There are numerous cases where people have come in (to the planning department) for enclosure systems with roof structures and walls. The question is: do you want a formal review process or regulations for designs, materials, etc.?”

Ecker said owners of various types of residences around the city, both single-family homes and apartments, have made the alterations to their existing outdoor spaces, but it has been apparent in particular at the Crosswinds Condominiums east of S. Eton Street. On Monday night, she also presented photos of examples on Elm Street and the District Loft luxury apartments.

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City Commissioner Rackeline Hoff said she had been made aware of a resident complaining about the enclosed balconies, which protrude beyond the building setback. Some, she added, have changed the footprint of the structure, including the addition of posts to provide support.

The complainant, Ecker said, is the president of the Crosswinds Homeowners Association, although the association as a whole voted to allow residents to enclose their balconies.

Over the past several years numerous property owners in the development enlarged their existing rear balconies over their driveways, essentially converting small balconies into large deck terraces, on the second and/or third stories after receiving approval.

When they then began enclosing the decks, they were stopped by code enforcement because permits and approvals had not been granted, Ecker said in a memo to city officials. They were then required to submit applications to the planning board and have since been granted approval for “higher quality” enclosure balconies and terraces.

Recently, the planning board has received several requests for outdoor space enclosure systems and if they were similar to the first one reviewed and approved, the board directed administrative approval.

However, it was noted that there are currently no regulations or standards to govern the size, materials or aesthetics of enclosure systems for outdoor balconies, terraces or decks, and the planning board expressed the need for such standards or regulations.

Commissioner Carroll DeWeese said whatever is added should fit the finish and character of the building, with a quality that is “equal or better and doesn’t call attention to itself.”

Commissioner Mark Nickita noted that if the city is allowing expansion of a building’s footprint, especially enclosure with a roof, there is a need to define what is allowed.

“This is a slippery slope,” he said. “These have been high quality (so far), but they can be low quality. I immediately think of isinglass (vinyl)… As much as I don’t want to overburden anyone with review, the worst case scenario is something is not aligned and could be a problem. I would question it if I lived next door and had a 180-degree view and now I have an 80-degree view. We have to carefully review before allowing it to be randomly built like it has been.”

Contact Susan Bromley at sbromley@hometownlife.com. Follow her on Twitter @SusanBromley10.