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2012 Cases

 
ZBA Members 2013 ZBA Schedule ZBA Agendas


Case # Applicant Name Tax
Parcel #
Address Request Decision
& Date
2012-001
  • Application
  • Decision Letter
Robert T Godley 039-081-06 801 Lawton Rd Appealing NOV – dumpster screening. Dismissed
01/12/2012
2012-002 Myers Park Homeowners Assoc 151-081-14 1900 Selwyn Ave. Appealing the Zoning Administrator’s interpretation of the following: (1) that the Levine Center for Wellness & Recreation is a recreation center; (2) improperly classified a Class VI street as a Class V street; (3) allowing the use to exceed maximum floor area ratio; and (4) allowing the use to exceed open space requirements.  
2012-003 Michael & Krista Hutchison 209-401-15 5942 Sharon Hills Rd.

Requesting a 2’9" variance from the required 45’ rear yard to allow an existing addition to a single family structure to remain in the required rear yard.

  Granted
01/31/2012
2012-004 The Schnider Group, LLC 199-381-32 10762 Traymore Lane Appealing the Zoning Administrator’s interpretation that (1) a sidewalk located in the 50 foot required S.W.I.M. buffer is in violation and  (2) property violates the Lower Lake Wylie watershed critical area requirement of 20% maximum built upon area. Upheld Zoning Administrator's Decision
07/31/2012
2012-005 The Schnider Group, LLC 199-381-32 10762 Traymore Lane Requesting two (2) variances: (1) to allow paved walkway to remain and (2) to increase the amount of impervious area allowed. Denied # 1
07/31/2012

Granted # 2
07/31/2012
2012-006
  • Application
  • Decision Letter
Andrew Dermack 227-353-43 1600 Windy Ridge Rd Administrative Variance, One (1) foot variance to allow the construction of residence to remain as built. Granted
02/24/2012
2012-007
  • Application
  • Decision Letter
Sean-Cyril and Janeen Miller Hogue 151-015-18 2008 Floral Ave Administrative Variance, One (1) foot variance to allow the construction of residence to remain as built. Granted
03/31/2012
2012-008 Quavette Tillman 083-064-21 708 Matheson Ave.

Appealing the Zoning Administrator’s interpretation that: (1) a structure located in the required setback is not grandfathered and (2) that the applicant is operating a barber shop as a business from his home.

Dismissed
03/27/2012
2012-009 Men’s Shelter of Charlotte, Inc 077-056-10 3410 Statesville Rd Requesting variances to allow:  (1) a 2,127 square foot variance where the existing building encroaches into the required buffer; (2) reduced width of required Class “B” buffer to accommodate existing building, parking lot, and trash area; (3) a .38 acre variance from the two (2) acres required; (4) allow existing structure to encroach 43 square feet into required five (5) foot side yard and (5) allow existing structure to encroach into required 10 foot rear yard. Granted
06/26/2012
2012-010 Ralph Woods 031-062-01 1501 Gum Branch Lane Appealing the Zoning Administrator’s determination that the commercial kennel operation is not grandfathered and thereby not permitted. Upheld Zoning Administrator's Decision
06/26/2012
2012-011 Betty McKinney 125-223-03 920 Charlottetowne Avenue Requesting four variances from the requirement of the Zoning Ordinance: (1) a 5 foot variance from the required 20 foot setback to allow the existing structure to remain; (2) a 3.9 foot variance from the required 10 foot side yard to allow an existing structure to remain; (3) a variance to allow parking in the setback; and (4) to eliminate the required buffer. Granted
06/26/2012
2012-012
  • Application
  • Decision Letter
Cutter Family Properties 079-017-39 210 Dalton Ave Appealing, NOV - Storage Tanks Withdrawn
03/31/2012
2012-013
  • Application
  • Decision Letter
Cutter Family Properties 079-017-39 210 Dalton Ave Requesting to eliminate 100’ separation from exterior property lines. Withdrawn
03/31/2012
2012-014 Margaret Covode 095-089-07 1601 Fulton Ave Appealing the Zoning Notice of Violation which states that a yoga studio is not a legal nonconforming use and therefore must be discontinued. Withdrawn
2012-015 Concord Terrazzo Company, Inc. 051-122-14 10220 Old Concord Rd Requesting a 46 foot variance to eliminate the required 46 foot Class A buffer. Granted
05/29/2012
2012-016 CASCO Signs, Inc. 223-081-03 16625 Lancaster Hwy Requesting a 50 square foot variance from the required 100 square foot maximum to allow for additional pharmacy wall signage. Withdrawn
2012-017 Providence Day School, Inc. 187-041-21 5800 Sardis Road Requesting a 33.9 foot variance from the reduced 56.3 foot buffer required with a fence. Denied
05/29/2012
2012-018
  • Application
  • Decision Letter
Scott Freeman 227-093-34 3911 Lakeside Dr Requesting to encroach 6’ from the rear property Withdrawn
06/21/2012
2012-019 Christopher White 209-481-02 9149 Cameron Wood Drive Requesting a 10 foot variance from the required 45 foot minimum rear yard to allow a second floor addition to be located 35 feet from the rear yard. Withdrawn
2012-020
  • Application
  • Decision Letter
Carl & Joelle Jacobs 121-112-01 1923 Dilworth Rd East Appealing HDC guidelines Withdrawn
07/03/2012
2012-021
  • Application
  • Decision Letter
John Rodriguez 049-381-09 534 Mary Charlotte Dr Administrative Variance - 1.2 foot reduction from the 45 foot rear yard setback to allow an existing residence to remain as constructed. Granted
06/12/2012
2012-022 Clarke Davis Allen 083-052-06 2315 North Davidson St Requesting a 93.22 foot variance from the required 400 foot distance separation to allow a structure in which a nightclub is the principal use to be located 306.78 feet from a residential district and use. Withdrawn
2012-023 George A. Arzberger, III 217-172-41 18200 Hideaway Rd Requesting a 13 foot variance from the required 35 foot required rear yard to allow a single family structure to be constructed. Granted
06/26/2012
2012-024 Pleasant Acres, LLC 133-014-01 3061 N Sharon Amity Rd Requesting a variance for 12 parking spaces from the required 61 parking spaces to allow a dialysis clinic. Denied
07/31/2012
2012-025
  • Application
  • Decision Letter
Janice Millward and John Teates 121-052-05 417 E Worthington Ave Requesting a 13.5 foot rear yard reduction Granted
05/29/2012
2012-026
  • Application
  • Decision Letter
Standard Pacific Homes 075-113-07 Single Lot in Brightwalk (formerly Double Oaks) Administrative Variance, Requesting accessory building to be within 3 feet of lot line. Withdrawn
07/19/2012
2012-027
  • Application
  • Decision Letter
Jonathan Luther 151-025-16 1514 East Blvd Appeal - NOV Roof signs. Withdrawn
07/19/2012
2012-028 James E. Harris 171-112-01 5301 Baker Drive Requesting a 27 foot variance from the required 40 foot rear yard to allow an existing deck to be replaced and repaired. Denied
07/31/2012
2012-029 Robert Sapienza 123-112-09 1025 Isleworth Avenue Requesting (1) a 12’4” variance and (2) a 16’4” variance from the required 40 foot rear yard to allow for two (2) additions to an existing structure. Granted
07/31/2012
2012-030 Alson Court Condominium Owners Assoc. Inc 155-03C-96 127 South Laurel Avenue Appealing the Zoning Administrator’s decision that removal and replacement of a wall is not maintenance and repair and therefore is not subject to Nonconforming structures Code Section 7.103(2) or Code Section 7.103(4). Dismissed
2012-031 Alson Court Condominium Owners Assoc. Inc 155-03C-96 127 South Laurel Avenue Requesting two variances: (1) a two (2) foot variance from the required five (5) foot side yard and (2) a 17 foot variance from the required 20 foot buffer to allow the construction of a garage to be located three (3) feet from the rear property line. Granted
9/25/2012
2012-032 CASCO Signs Inc. 223-081-03 16625 Lancaster Highway Appealing the Zoning Administrator’s interpretation that the proposed wall sign is not a drive through vehicle or incidental sign. Upheld Zoning Administrator's Interpretation
09/25/2012
2012-033
  • Application
  • Decision Letter
True Homes USA, LLC 035-093-06 411 Goshawk Ln. Administrative Variance, One (1) foot reduction from the 20 foot front yard to allow an existing porch to encroach into the front yard. Granted
07/18/2012
2012-034 William Keathley 053-082-03 11032 Moores Chapel Road Requesting a variance to allow an accessory structure to be located within the established setback. Denied
08/28/2012 
2012-035 Adams Outdoor Advertising Limited Partnership 081-177-23 1111 Pecan Ave Appealing the Zoning Administrator’s interpretation that a billboard has been altered by increasing the height and therefore is no longer legal nonconforming. Dismissed
2012-036 Adams Outdoor Advertising Limited Partnership 081-176-07 1415 East Independence Boulevard Appealing the Zoning Administrator’s interpretation that a billboard has been altered by increasing the height and therefore is no longer legal nonconforming. Dismissed
2012-037
  • Application
  • Decision Letter
Jeff Belmonte 225-511-44 9009 Sandpiper Dr Administrative Variance, One (1) foot variance to allow a swimming pool to be located with a three (3) foot separation from the principal structure. Granted
09/18/2012
2012-038 American Roadside Burgers 177-062-01 5821 Fairview Road Appealing the Zoning Administrator’s interpretation that only one identification sign is permitted per premise. Upheld Zoning Administrator's Interpretation
09/25/2012
2012-039 American Roadside Burgers 177-062-01 5821 Fairview Road Requesting a variance to allow two (2) identification signs on the same premises. Denied
09/25/2012
2012-040 Opening Doors Properties 095-071-31 1547 Tippah Park Court Requesting a variance to allow 400 square feet of impervious area to encroach into the required S.W.I.M. buffer. Withdrawn
2012-041
  • Application
  • Decision Letter
Parkway Advertising 115-151-21 Old Dowd Road NOV – Use of outdoor advertising signs. Withdrawn
09/18/2012
2012-042
  • Application
  • Decision Letter
Iglesia Apostoles Y Fuente DeAgua Vida 107-131-25 4811 E WT Harris Blvd Administrative Variance, Request for an extension to the variance granted in June 2010. Granted
09/06/2012
2012-043 Sam’s Mart, LLC 103-163-04 6233 Albemarle Road Requesting two variances: (1) a 14 foot variance from the transition along Albemarle Road to allow underground storage tanks and (2) to allow maneuvering in the setback. Code Section 2.201 defines a transitional setback or yard as that area, if any, along a thoroughfare which lies between the existing required setback 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. Withdrawn
2012-044 Fanz Sports Grill/James Allen Smith 027-132-11 3425 David Cox Road Appealing the Zoning Administrator’s interpretation that the sweepstakes use is not allowed as a principal or accessory use at this location. Withdrawn
2012-045
  • Application
  • Decision Letter

John David Kuo

187-082-34

5924 Lansing Drive

Requesting a variance to allow an accessory structure to be located in the established setback.

Denied
10/30/2012
2012-046
  • Application
  • Decision Letter
Joseph Sanger 173-156-24 6826 Mahogany Woods Drive Requesting a variance to allow a screened porch to encroach more than 25 percent into the required rear yard and extend more than 50 percent of the width of the dwelling at the rear building line as required by the Ordinance. Granted Variance for Depth,

Denied Variance for Width
10/30/2012
2012-047
  • Application
  • Decision Letter
Matt Claxton 121-052-01 401 E. Worthington Ave. Requesting a 15 foot setback to tie into the existing streetscape Withdrawn
10/12/2012
2012-048
  • Application
  • Decision Letter
Suntrust Mortgage 209-551-50 4023 Alexandra Alley Dr Administrative Variance, One (1) foot from the required three (3) foot side yard and one (1) foot from the required (3) foot rear yard to allow the roof overhand to remain as constructed. Granted
11/01/2012
2012-049
  • Application
  • Decision Letter
Suntrust Mortgage 209-551-50 4023 Alexandra Alley Dr A .8 foot encroachment into the required 45 foot rear yard and a 3.7 foot encroachment into the required 20 foot setback to allow the roof overhang and the front steps to remain as constructed. Granted
11/01/2012
2012-050
  • Application
  • Decision Letter
LPA 37th Street, LLC 091-103-13 506 East 37th Street Requesting two (2) variances: (1) a 19 foot variance from the required 35 foot minimum rear yard and (2) a 7 foot variance from the required 32 foot minimum setback to allow for the demolition and construction of a new residence Denied
11/20/2012

2012-051
  • Application
  • Decision Letter
David and Liza Sippe 175-177-16 3213 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. Chapter 9 Floodplain Regulations   Granted
11/20/2012
2012-052
  • Application
  • Decision Letter
Charlotte Prime LLC 179-011-84 6000 Fairview Road Requesting a variance to allow two (2) identification signs on the same premise.  
2012-053
  • Application
  • Decision Letter
Mecklenburg County Parks and Recreation 151-041-01 1415 Princeton Avenue Requesting two (2) variances: (1) an 88 foot variance from the 100 foot separation requirement for outdoor recreation located on external lots and (2) a 30 foot variance from the required 42 foot setback from existing or future back of curbs along local and collector streets to allow the expansion of an athletic field.   Granted
11/20/2012
2012-054
  • Application
  • Decision Letter
Sam’s Mart LLC 103-163-04 6233 Albemarle Rd Administrative Variance, A two (2) foot setback reduction to accommodate maneuvering of vehicles. Granted
11/15/2012
2012-055
  • Application
  • Decision Letter
The Asian (Korean) Herarld, Inc 125-221-07 1339 Baxter Street Appealing the Zoning Administrator’s interpretation that conditions set forth in an approved conditional plan are still applicable. Withdrawn