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2009 Zoning Board of Adjustment Cases

 
City of Charlotte -

Case # Applicant Name Tax Parcel # Address Request Decision & Date
2009-001 William T. Blalock  059-231-21  6533 Freedom Drive Requesting two (2) variances: (1) a 20 foot variance from the transitional setback (along Freedom Drive) and a 10 foot variance from the 20 foot setback(along Little Rock Road) to allow the construction of a commercial building.  Granted
01/27/2009
2009-002

 

Nina Toth  127-073-02 2401 Laburnum Avenue  Requesting two variances: (1) a 4.5 foot variance from the required 10 foot side yard and (2) a variance to increase the floor area of a nonconforming structure to build a second level addition.  Granted w/ Conditions
01/27/2009
2009-003

 

Charles W. Walker 129-111-34 3401 Commonwealth Avenue Requesting a variance from the required 10 foot side yard to allow a backflow preventer to be located five (5) feet from the right-of-way. Granted
01/27/2009 
2009-004

 

Mattamy Homes 219-183-14 13214 Reunion Street Requesting a 17 foot variance from the required 20 foot setback of a cluster development to allow a constructed porch to remain.  Withdrawn
2009-005

 

Myra Clark 049-011-18 5825 Old Concord Road Requesting a 42 foot variance from the required 100 foot structure separation from the nearest residentially zoned or used property to allow the location and operation of a halfway house for females.

 

 Granted w/ Conditions
03/31/2009
2009-006

 

Branch Banking & Trust Company 029-011-38 2211 West Arbors Drive Appealing the interpretation of Zoning Violation letter (# 2005006190) dated December 5, 2008, which instructs the applicant to cease and desist allowing a detached sign to remain located in the sight distance triangle. The sign, which is located at the intersection of W. Mallard Creek Church Road and Claude Freeman Road must be located out of the sight distance triangle.  Withdrawn
2009-007          
2009-008

 

Michael Bunn 078-424-01 700 Seaboard Street Requesting a 20 foot variance from the required 300 foot distance from a residential zoning district to allow the establishment of a commercial kennel.  Granted
02/24/2009
2009-009

 

St. Marks Coptic Orthodox Church 185-091-25 101 Shasta Lane Requesting two (2) variances: (1) a variance for exemption from the dryland access requirements and (2) a variance for exemption from the 6" depth water requirement.  Granted w/ Conditions
02/24/2009
2009-010

 

Adams Outdoor Advertising 073-251-02 1201 S. Clarkson Street Requesting two variances: 1) a 258 foot variance from the required 1,000 foot spacing between electronic changeable face outdoor advertising signs on the same side of the street and any other static outdoor advertising signs and 2) a 20 foot variance from the required 20 foot minimum between an electronic changeable face outdoor advertising structure and any building to allow the placement of an electronic changeable face outdoor sign.  Denied
03/31/2009
2009-011

 

Austin Hughes 087-021-14 4021 Northaven Drive Appealing Zoning Violation letter #2005006409 that a mobile home should be removed from the property. Code Section 2.101 defines a mobile home as a manufactured structure, designed to be used as a dwelling unit and built before June 15, 1976. A "mobile home" is designed to be transportable in one or more sections on its own chassis and measures at least 32 feet in length and at least eight feet in width. To be classified as a "mobile home", the unit must be placed on a permanent foundation. Upheld Zoning Administrator's Decision
03/31/2009 
2009-012

 

Ryan & Christina Cole 175-177-17 3217 Westfield Road Requesting a variance from the required dryland access to allow construction of a residence on a lot that does not have dryland access. Code Section 9.102 requires access to habitable buildings during a flood event to be by way of a dryland access. Granted
03/31/2009
2009-013

 

Mecklenburg County 125-213-17 1437 Morehead Street Requesting a 20 foot variance from the required 20 foot transitional setback to allow a clock tower to be located in the required setback. Code Section 2.101 defines a transitional setback or yard as that area, if any, along a thoroughfare which lies between the existing required setback line or yard line and the future required setback or yard line. The future setback or yard is measured from the proposed right-of-way. There will be no transitional setback or yard when the existing street right-of-way line and the proposed right-of-way line are the same or when the existing right-of-way width exceeds the proposed right-of-way width. Granted
03/31/2009 
2009-014

 

Torrence and Marcie Shealy 151-082-13 1562 Stanford Place Requesting  a 2.9 foot variance from the required 45 foot rear yard to allow an addition to a single family structure to encroach into the required rear yard.  Granted
04/28/2009
2009-015  

 

Greater Mt. Sinai Baptist Church 119-033-30 & 119-033-27 1243 West Blvd Appealing Zoning Violation letters stating that the sites in question are grandfathered and have been used as a parking lot for many years and therefore shouldn't have to comply with the requirements of the Zoning Ordinance.  Withdrawn
2009-016

 

John and Sandra Ibach 177-052-09 5600 Wintercrest Lane Requesting an eight foot variance from the required 45 foot rear yard to allow an addition to an existing single-family structure to be constructed 37 feet from the property line.  Denied
04/28/2009
2009-017

 

Mediterra at Carmel, LLC 209-15333;
34;35;36;37;
38;39;40;41;
42;43; and
209-153-44
3400 Carmel Road (12 lots) Requesting two variances: (1) a seven foot variance from the required five foot fence or wall height to allow a newly constructed wall to remain in the required setback  and (2) a two foot variance from the required seven foot sign height to allow a newly constructed nine foot wall sign to remain.  Granted
04/28/2009
2009-018          
2009-019

 

Lance, Inc. 205-211-07 8600 South Boulevard Requesting a 400 square foot variance from the maximum 200 square foot wall sign requirement.

 

 Granted
05/26/2009
 
2009-020

 

B & B Home Builders, Inc 037-126-27 5802 Linden Ridge Lane Requesting a 10 foot variance from the required 45 foot rear yard to allow a proposed single-family structure to be located 35 feet from the rear property line. Denied
05/26/2009 
2009-021

 

W2001 Eastern Hotel Realty, LP 061-291-07 2707 Little Rock Road Requesting two variances: (1) a 20 foot detached sign height variance from the required 20 foot requirement to allow a sign to be erected at a height of 60 feet and (2) a variance for a 147 square foot sign face area from the required 128 square foot requirements to allow the sign face of a proposed sign to be 275 square feet in area.  Denied
05/26/2009
           
2009-023
  • Application
  • Decision Letter
Ki-Hyun Chun 125-221-01 408 Cherry Street Requesting a         7 foot 5 inch variance from the maximum 25% allowable buffer reduction to allow a 6 foot fence only. Code Section 9.205(3) states that nonresidential development in the single family residential districts shall comply with applicable buffer and screening requirements in Chapter 12, Part 3.  
2009-024
  • Application
  • Decision Letter

 

James H. Winters, Jr 113-122-45 9360 Pinewood Avenue Requesting two variances: (1) a 1 foot 8 inch variance from the required 5 foot maximum height in the required setback and
(2) an 8 inch variance from the required 6 foot maximum height in the side yard to allow an existing fence to remain as erected at a height of 6 feet 8 inches.
 (1) Granted
06/30/2009

(2) Denied
06/30/2009

2009-025
  • Application
  • Decision Letter

 

John and Elizabeth Stewart 229-102-53 11434 Nevermore Way Appealing the Zoning Violation letter (#2005007104) which states that the owner is in violation of section 12.408(1) Customary Home Occupation.  
2009-026
  • Application
  • Decision Letter

 

Jean and Kerry Lanham 213-213-16 8222 Mattingridge Drive Requesting a 366 square foot variance to allow an accessory structure to exceed the square footage of the principal structure (1,614 square feet). The total square footage of the accessory structure is 1,990 square feet.   Granted
06/30/2009
 
2009-027
  • Application
  • Decision Letter

 

Mike and Regina Spagnardi 149-081-19 664 Melbourne Court Requesting two variances: (1) a 9.8 foot variance from the required 40 foot rear yard to allow the existing structure and a second floor addition to encroach into the rear yard and (2) a 15 foot variance from the 30 foot minimum setback requirement to allow the construction of a two car garage.  
2009-028
  • Application
  • Decision Letter

 

Peter J. Carlevatti 151-033-22 2685 Idlewood Circle Requesting a 10 foot variance from the required 40 foot minimum rear yard to allow the construction of an addition to be located 30 feet from the property line.  
2009-029
  • Application
  • Decision Letter

 

Jeanette Phillips 161-012-02 3500 East Independence Boulevard Appealing the Zoning Administrator's decision that the existing attached marquee and signage is not allowed.  

   

For more information regarding the Zoning Board of Adjustment
Please contact:
Barry Mosley
Charlotte-Mecklenburg Planning Department
600 East Fourth Street (8th Floor)
Charlotte, North Carolina 28202
(704)-336-8314