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2008 Zoning Board of Adjustment Cases

 

City of Charlotte -

 

 

Case #

Applicant Name

Tax Parcel #

Address

Request

Decision & Date

2008-001

George & Suzanne Baillie  213-372-43 

7012 Gardner Pond Court 

Requesting a 12 foot variance from the 30 foot required rear yard to allow the construction of an addition to the rear of the existing structure. 

 

2008-002          
2008-003 Randolph K. Epting  123-122-15  1310 Buchanan Street  Requesting a five (5) foot variance from the required 20 feet to allow an addition to the existing structure  Denied
01/29/2008 
2008-004 Pradeep Gandhi & Kalpana Gandhi  151-123-10  2108 Dickinson Place  Requesting a 30 foot variance from the required 45 foot rear yard to allow construction of a residence Granted w/ Conditions
01/29/2008
2008-005 Ballantyne Village  223-541-05
223-541-06
223-541-04
223-541-03
14735 John J Delaney Dr  Appealing the Zoning Administrator's decision that the subdivision of a development requires that each development must then individually meet the development standards of the district and that the use of another parcel to satisfy Floor Area Ratio (F.A.R.) requirements is not permitted.    Overturned Zoning Administrator's Decision
04/29/2008
2008-006 William W. Waters 213-041-42 1232 Lost Oak Road Appealing the Zoning
Administrator's decision that a Certificate of Occupancy should not be issued because all requirements
have not been met.
 
2008-007 The Boulevard at 24109 Selwyn LLC 175-034-08 2100 Queens Road West Appealing the Zoning Administrator's decision that an 11 story building is a permitted use in a planned
multi-family development.
 
2008-008 Myers Park Village, LLC 175-176-07 304 Rocklyn Place Requesting a variance from the required dryland access to allow
construction of residences with access not by way of a dryland access.
 Granted
02/26/2008
2008-009 Myers Park Village, LLC 175-176-08 305 Rocklyn Place Requesting a variance from the required dryland access to allow
construction of residences with access not by way of a dryland access.
 Granted
02/26/2008
2008-011 Jerry Hillman and Gus Forbes 129-114-25 1532 Pinecrest Avenue Requesting two (2) variances: (1) a three (3) foot variance from the required
four (4) foot building separation and (2) a four (4) foot variance from the required five (5) foot side yard
to allow a detached carport to remain as constructed.
 
2008-012 Douglas Hardaway 175-094-52 2446 Hassell Place Requesting a two foot variance from the required six foot side yard to allow construction of a detached carport in the required side yard. Granted
03/25/2008 
2008-013 Robert and Ann Aycock 053-172-72 5532 Cold Harbor Drive Requesting a 40 foot variance from the required 100 foot watershed buffer to
allow the construction of an addition to the existing residence.
 Granted w/ Conditions
02/26/2008
2008-015 Charlotte Country Club 095-151-47 2465 Mecklenburg Avenue Requesting a 700 foot variance from the sidewalk connection requirement to waive a sidewalk connection in its entirety from the clubhouse to the street.  Granted
04/29/2008
2008-016 Mecklenburg Parks and Recreation 095-032-83 2100 Wilhelmina Avenue Requesting an 80 foot variance
from the required 100 foot separation to allow the continuation of a handicapped ramp constructed and
the relocation of an existing stage.
Granted
02/26/2008 
2008-017          
2008-018 Sharon Amity's LLC 163-011-27 4646 E. Independence Boulevard Requesting a variance from the required screening requirement to allow a dumpster to be located in public view from a public street with no screening. Denied
03/25/2008 
2008-019 Prudential Relocations 227-353-54 2215 Humberview Lane Requesting three variances; (1) a 1.8 foot variance from the required 34 foot required setback; and (2) a 1.64 foot variance from the required six foot side yard and (3) a .63 foot variance from the required 45 foot rear yard to allow a residence to remain as constructed. The variances for the front and rear setbacks qualify for  administrative deviation approval under Code Section 4.104. Granted
03/25/2008 
2008-020          
2008-021          
2008-022 Avery D. and Tamara R. May, Jr. 223-391-40 7020 Turtle Rock Court Requesting a two foot variance from the required eight foot maximum fence height to allow a ten foot privacy fence to remain as constructed. Granted
03/25/2008
2008-023 Lamar Outdoor Advertising  039-061-19  1305 Carrier Drive   Requesting a 105 foot variance from the required 400 foot billboard spacing requirements to allow an electronic changeable face outdoor advertising sign to be located 295 feet from a residential district.     Granted
05/27/2008
2008-024          
2008-025          
2008-026 Kelly Kepley Backman 157-192-22 4250 Wright Avenue Requesting two variances: (1) a 19 foot variance from the required 45 foot rear yard
and (2) a one foot variance from the required 15 foot side yard to allow the construction of an attached
garage and bonus room.
 Granted
04/29/2008
2008-027 Ricardo Espinosa 109-181-06 7020 Albemarle Road Requesting a 350 foot variance from the required 400 foot separation to allow a nightclub to be located 50 feet from a residential district.  Granted
w/ Conditions
04/29/2008
2008-028 B. Lee Kindberg 217-172-20 18323 Hideaway Road Requesting a variance to allow construction of a residence in the required buffer
after the original nonconforming structure has been demolished.
 Denied
07/29/2008
2008-029 Peter Brennan 217-222-23 15609 Chatfield Drive Requesting a variance to allow an accessory structure to be located within the established setback.  Granted
05/27/2008
2008-030 Intercontinental Fund III Vanguard Center LLC 169-062-22 5250 Seventy Seven Center Drive Requesting a 225 foot variance from the required 400 foot billboard spacing requirements to allow an electronic changeable face outdoor advertising sign to be located 175 feet from a residential district.  Granted
05/27/2008
2008-031 Samya Achour 175-176-11 Plantation Place Requesting a variance from the required dryland access to allow construction of a residence to be located on a lot that does not have dryland access.   Denied
05/27/2008
2008-032 Edward and Sarah Davis 177-015-16 3201 Ferncliff Road Requesting a 12 foot variance from the required 45 feet rear yard to allow the construction of a carport addition and renovation. Granted w/ Conditions
07/29/2008
2008-033 Anthony Garagiola 109-132-11 7619 Rolling Hill Road Requesting a 150 foot variance from the required 800 foot distance separation to allow a group home to be located 650 feet from another group home.  Denied
06/24/2008
2008-034 York Development Group 223-156-12 14021 Conlon Circle Requesting a 137.5 foot variance from the required 400 foot distance separation to allow a bar to be located 272.5 feet from a residential use.  Granted
w/ Conditions
06/24/2008
2008-035 Janet McMillan  107-081-77  4500 East W. T. Harris Blvd  Requesting a four (4) foot variance from the required no signs permitted section of the Ordinance to allow a sign to be erected for a customary home occupation.   Denied
07/29/2008
2008-036 Saint Stephenson Pentecostal Church 041-082-03 3656 Beatties Ford Road Requesting a variance to allow a lot that does not abut a street to be used for the construction of a religious institution and to allow access by way of a 30 foot easement.  
2008-037 Jeff Meier 151-033-61 1562 Clayton Drive Appealing the Zoning Administrator's decision that building height is measured from the average grade and the side yards must be increased for the portion of the building over 40 feet.  Dismissed
06/24/2008
2008-038          
2008-039          
2008-040          
2008-041          
2008-042 Joseph Mayer 171-105-08 1405 Tyvola Road Appealing the Zoning Administrator's decision that a boxing academy is a permitted use in an R-4 zoning district. Denied
07/29/2008
2008-043 Garinger High School 093-042-51 1100 Eastway Drive Requesting a 19 foot variance from the required 75 foot buffer to allow an existing football and track fields to be renovated and sidewalk, visitor bleachers and lights to be replaced.  Granted
07/29/2008
2008-044 Samuel Franklin 113-281-10 4030 Lochfoot Drive Requesting a 35 foot variance from the required 104 foot established setback to allow an accessory structure to be located in front of the principal building.  Granted
07/29/2008
2008-045 H. Craig Sharpe, Jr./Cingular Wireless, LLC  053-201-13  10721 Moore's Chapel Road  Requesting a variance to allow the tower to be designed as a slimline monopole rather than a monopine. Granted
08/26/2008 
2008-046 David Erdman 161-051-10 4919 Monroe Road Requesting a three (3) foot variance from the required five (5) foot side yard to allow a driveway to be located two (2) feet from the exterior property line.  Granted
07/29/2008
2008-047 James L Johnson 121-078-07 426 Magnolia Avenue Requesting a seven (7) foot variance from the required ten foot side yard to allow a grill and fireplace to remain as constructed three (3) feet from the property line.  Granted w/ Conditions
08/26/2008
2008-048          
2008-049          
2008-050 Friendship Missionary Baptist Church 039-121-01 3239 Beatties Ford Road Requesting a .87 acre variance from the required two (2) acres to allow a homeless shelter to be housed in an existing structure.  Granted
08/26/2008
2008-051 Barbara and George Kaye 149-206-29 1362 Drexel Road Requesting a three (3) foot variance from the required five (5) foot side yard to construct an attached single carport.  Denied
08/26/2008
2008-052 Rappaport Pearson, LLC 123-062-01 & 123-062-02 224 & 228 West Blvd Requesting a 12 foot variance from the required 16 foot buffer to allow a cooler, freezer, mop sink and stoop to be located four (4) feet from the property line. Granted
08/26/2008 
2008-053          
2008-054 DT Plaza Albemarle Road LLC/Nazario Villegas 133-051-07 5546 Albemarle Road Appealing the Zoning Administrator's decision that the use located at 5546 Albemarle Road is a nightclub. Upheld Zoning Administrators Decision
08/26/2008
2008-055          
2008-056          
2008-057 Bryan W. Pittman, Mildred P. Sibley & Philip H. Pittman / Aliyah Enterprises 133-051-05 5638 Albemarle Road Appealing the Zoning Administrator's decision that the use located at 5638 Albemarle Road is a nightclub.  Upheld Zoning Administrator's Decision
09/30/2008
2008-058 Habitat for Humanity of Charlotte, Inc.  157-051-03  3413 Marvin Road  Requesting a 4.7 foot variance from the required five (5) foot minimum side yard  to allow an existing single family structure to remain as constructed.   W
2008-059 James Langdon 181-171-09 2236 Ferncliff Road Requesting a three (3) foot variance from the required 45 foot rear yard to allow the construction of a room addition.  Granted w/Conditions
09/30/2008
2008-060 West End Village of Whitehall, LLC/Paradise Billiards/Arthur Rosen 203-091-33 8943 South Tryon Street Requesting a 150 foot variance from the required 400 feet to allow a bar to be located 250 feet from a residential district. Granted w/Conditions
09/30/2008 
2008-062 Construction & Remodeling, LLC 083-073-06 2709 Yadkin Avenue and 627 Charles Avenue (duplex) Requesting a 3.8 foot variance from the required 20 foot  minimum setback to allow the encroachment of steps and stoop for entrance into the existing single family structure. A
10/28/2008 
2008-063 Johnny M. Belin/Pee Wees Daycare 099-104-13 5747 Joyce Drive Requesting a one (1) foot variance from the required six (6) foot sidewalk width requirement as outlined in the Zoning Ordinance and a one (1) foot variance from the required eight (8) foot planting strip requirement as outlined in the Charlotte Tree Ordinance per reference of the Charlotte Zoning Ordinance.  In addition, the applicant is requesting a variance to allow the existing five (5) foot sidewalk to be located at the back of the curb and the seven (7) foot planting strip located behind the sidewalk to remain.  
2008-064 University Park Baptist Church/aka The Park Ministries 159-021-09 2500 East Independence Boulevard Requesting a variance from the requirements set forth in the Floodplain Regulations which requires that nonresidential construction (new or substantially improved) to elevate or floodproof the structure's lowest floor.  
2008-065 South Central Oil Co., Inc. 125-214-14 601 S. Kings Drive Requesting a variance to locate a backflow preventer in the required 20 foot setback.   
2008-066 Phillip Rodney Greene 175-082-01 2601 Selwyn Avenue Requesting a variance to locate an AT&T equipment box in the required ten (10) foot minimum side yard.  
2008-067 Charlotte-Mecklenburg Hospital Authority 153-034-01 / 02 1000 and 1012 South Kings Drive Requesting a variance not to construct a parking area as prescribed by the Floodplain Regulations.  
2008-068 Colonial Properties Trust 080-081-07 710 East Seventh Street Requesting a sign variance from the required maximum sign area of six (6) feet to allow a projecting sign equal to 20 square feet in the UR-C district.  
2008-069 Bellsouth Telecommunications, Inc 201-221-07 13719 Erwin Road Requesting three (3) variances from the buffer requirement as outlined in Table 12.302(b) of the Zoning Ordinance to allow a reduction in the 67 foot Class "A" buffer; (1) an 18 foot variance along a portion of the northern property line, (2) a 32 foot variance along a portion of the northern property line and (3) a 59 foot variance along a portion of the southern property line.