hearing request application – form 1 case number ......front: 4 left: 3 right: 3 rear: 3 project...

Hearing Request Application – Form 1 Zoning Board of Adjustment

City of Charlotte

Date Filed:_____________ Case Number: ________________ Received by:_________________

Instructions This form must be filled out completed. Please attach the appropriate additional form depending on your request type along with required information as outlined in the appropriate checklist. Please type or print legibly. All property owners must sign and consent to this application, attach additional sheets if necessary. If the applicant is not the owner, the owners must sign the Designation of Agent section at the bottom of this form.

The Applicant Hereby (check all that apply): X Requests a variance from the provisions of the zoning ordinance as stated on Form 2 Appeals the determination of a zoning official as stated on Form 3 Requests an administrative deviation as stated on Form 4

Applicant or Agent’s Name: Daniel and Amy Fain c/o David W. Murray, The Odom Firm, PLLC

Mailing Address: 1109 Greenwood Cliff

City, State, Zip: Charlotte, NC 28204

Daytime Telephone: 704-377-7333 Home Telephone: _______________

Interest in this Case (please circle one): Owner Adjacent Owner Other

Property Owner(s) [if other than applicant/agent]: Daniel and Amy Fain

Mailing Address: 624 E. Kingston Ave.

City, State, Zip: Charlotte, NC 28203

Daytime Telephone: _______________ Home Telephone: _______________

Property Address: 624 E. Kingston Ave., Charlotte, NC 28203

Zoning District: R-5 Tax Parcel Number: 12311704

Subdivision Name:

_______________

Conditional District: YES NO

Applicant Certification and Designation of Agent I (we) certify that the information in this application, the attached form(s) and documents submitted by me (us) as part of this application are true and correct. In the event any information given is found to be false, any decision rendered may be revoked at any time. I (we) hereby appoint the person named above as my (our) agent to represent me (us) in this application and all proceedings related to it. I (we) further certify to have received, read and acknowledged the information and requirements outlined in this packet.

_________________________ ATTACHED Date Property Owner

_________________________ _____________________________________ Date Property Owner

Variance Application – Form 2 Zoning Board of Adjustment

City of Charlotte

Date Filed:_____________ Case Number: _____________ Received by:_________________

Has work started on this project? YES NO X If yes, did you obtain a building permit? YES NO If yes, attach a copy. Have you received a Notice of Violation Or Stop Work Order for this project? YES NO X If yes, attach a copy. Has this property been rezoned? YES NO X If yes, Petition Number _________

(1) What zoning ordinance section numbers are you seeking a variance from? Please list each section, therequirement and the requested variance.

Item Code Section Code Requirement Variance Request

A 9.205(1)(f) 5’ side yard for R-5 1’ side yard (4’ reduction from required) to allow vertical improvements to legally non-conforming existing house

B 9.205(1)(f) 5’ side yard for R-5 3’ side yard (2’ reduction from required) to allow vertical improvements to legally non-conforming existing house

C D E

(2) Please describe why the variances requested are necessary.

The variance is necessary to allow roof line improvements to the existing house which was constructed in 1931. Upon information and belief, the last changes were made in or around 1960 to the portions of the house that are encroaching into the side yards. This property is located within the Dilworth Historic District so any new improvements must be approved by the Historic District Commission prior to construction if the variances are granted. The owners previously met with the HDC staff in 2016 to review proposed plans but did not go forward with the renovation of the house at that time. The owners now wish to move forward with the renovation, but the HDC guidelines have changed regarding roofing standards and HDC staff suggested seeking a variance before applying to HDC for approval. The roof on the portions of the existing house which encroach into the side yards are flat and are atypical for the neighborhood.

(3) THERE ARE UNNECESSARY HARDSHIPS IN THE WAY OF CARRYING OUT THE STRICTLETTER OF THE ORDINANCE. The courts have developed three rules to determine whether, in a particularsituation, “practical difficulties or unnecessary hardships” exist. State facts and arguments in support of each ofthe following:

(a) The hardship of which the Applicant complains results from unique circumstances related to theApplicant’s land such as location, size, or topography. (Note: Hardships common to an entireneighborhood, resulting from overly restrictive zoning regulations, should be referred to the Charlotte-Mecklenburg Planning Department. Also, unique personal or family hardships are irrelevant since avariance, if granted, runs with the life of the land.)

The hardship results from the property containing an existing house constructed prior to the current ordinance requirements and the encroaching portions of the house having a totally flat roofline. The house has been in its current footprint since at least 1960 if not earlier given that the house was originally constructed in 1931. The location of the existing house within the side yards and with the flat roof lines on the encroaching portions of the house do not appear to be common in the neighborhood based upon a review of aerial maps and views of adjacent

houses from the street. The variance will allow the roof lines above the encroaching portions of the house to be raised in order to better comply with the historic district standards. A pitched roof will allow the owners to eliminate the flat roof that repeatedly leaks and requires ongoing maintenance.

(b) The hardship is not the result of the Applicant’s own actions. The act of purchasing property with

knowledge that circumstances exist that may justify granting of a variance shall not be regarded as a self-created hardship.

The house has been in its current footprint since at least 1960 if not earlier given that the house was originally constructed in 1931. The current owners did not cause the hardship.

(4) THE VARIANCE IS CONSISTENT WITH THE SPIRIT, PURPOSE, AND INTENT OF THE

ORDINANCE. (State facts and arguments to show that the requested variance represents the least possible deviation from the letter of the Ordinance to allow a reasonable use of the land; and, that the use of the property, if the variance is granted, will not substantially detract from the character of the neighborhood.)

The renovation and roof line changes that the owners are proposing for this house are reasonable for the neighborhood and will have to be approved by HDC before any structural changes are made. The variance approval will simply allow the existing encroachments into the side yards to be deemed legally conforming so that the improvements can be made to those sides of the house. The left side of the house when viewed from the street is adjacent to a parking lot for Dilworth Methodist Church so there is no residential use on that parcel. The right side of the house when viewed from the street is primarily encroaching along the front portion of the house. There is a large established oak tree between the applicant’s house and the neighbor’s house which provides a dividing line between the houses and the applicants do not intend to remove this tree or to expand the side of the house closer to the neighbor. As shown on the survey, the majority of the house is further than 5’ from the side property line except for the front portion with the flat roof. The applicants have discussed the need for a variance with their next door neighbor and she expressed no issue with the proposed variance.

(5) THE GRANTING OF THE VARIANCE SECURES THE PUBLIC SAFETY AND ACHIEVES

SUBSTANTIAL JUSTICE. (State facts and arguments to show that, on balance, if the variance is approved, the benefit to the Applicant will substantially outweigh the harm suffered to the public.)

If the variance is denied, the public will not benefit in any way. There are no adverse effects to the general public from the owners seeking to keep the existing structure and increase the roof lines of the house which would not increase the encroachment of the house into the side yards. Granting a variance in favor of the property owners does substantial justice and allows continued development, which is the intended purpose of the zoning ordinance. In addition, further review by the HDC will be required before any construction takes place to ensure further protection for neighboring owners.

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Mecklenburg CountyLand Use and Environmental Services2145 Suttle AvenueCharlotte, NC 28208(980) 314-CODE (2633)

Issue Date:Permit: B3390005

August 22, 2018

Building PermitOne/Two Family

2609 HAMPTON AVE

PropertyAddress:Subdivision:

Parcel: 15307211Tax Jurisdiction:

Lot: Block:CHARLOTTE

Site DetailsLand Area (sq. ft.): Parking Required: Front Street:

LotCorner: N Through: N Irregular: N

Minimum Setbacks (ft.) Front: 4 Left: 3 Right: 3 3Rear:

ProjectProject Number: NR0577338Project Name:USDC:

Talebi Pool House328 - Residential - New Accessory Bldg (she

Occupancy Type: Contract Cost: $52,600

R3 * RESIDENTIAL - SINGLE FAMI

Trade Details

Number of Circuits: Connections at 120 Volts: Connections Over 120 Volts:New Utility Company:

Electrical0 04

DUKE ENERGY

0 Utility Company:PIEDMONT NATURAL GASHeating/Cooling: Prefabricated Fireplace

Mechanical

Plumbing

No. of Gas Connections: No. of Appliances:

50

No. of Fixtures: No. of Appliances:

2

3 1UtilitiesType of Service: New

Public Meter/Connection Private ServiceIndividual Master Individual Community

NoNoNo

NoNoNoYes

YesWater/Well:Sewer/Septic:

Total Amps:Service Type:

Name: 2609 Hampton AveCharlotte, NC 28207

Ali Talebi & Sanaz BoromoundPhone:

Address:

New Heated Area:Unhtd to Htd:

387 sq. ft. New Unheated Area:Renovate Existing:

Deck Area:Bdrm Add/Upfit: No

Type of Work: NewWork Details: New. Accessory Structure < 144 sq ft, and no wall > 12 ft, and 1 story.

Owner

This permit will expire if work either has not started within 6 months or is discontinued for a period of 12 months.No credit or refund will be given unless applied for within 120 days after a permit has expired.

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August 22, 2018


Fees

$0.00Cmrcl Surcharge Fee:

$0.00$0.00

$0.00

Fax Fee:

NESHAP Fee:Home Owner Recovery Fund:

$0.00Vector OK:NESHAP OK:

Paper Application Fee:

$0.00$0.00

$704.04Fee Adjustment:Total Fee:

Fast Track Fee:

Charge To Acct: Yes

Paper Plans Conversion Fee:

*Permit Fee:$55.00Zoning Fee

Triple Fee: $0.00$0.00Fire Damage Fee:

Permit Fee Type: Construction$649.04

HFR Fee:$0.00$0.00

* Permit Fee Calculation is based upon the following costs:

Building Cost less Equipment over $500K:

SubPermit Costs:

Total Cost Calculation:

Equipment Summary

$48,000.00

$4,600.00

$52,600.00

Total Equipment Fee $0.00

Total Equipment Costs: $0.00

$0.00

$0.00Equipment Cost at 100%

Equipment Cost at 20%

text

ContractorsBuilding ContractorPhone:Address:

Permit Number: B3390005Home Owner: NoContract Cost: $ 48,000License # : 67652Contractor ID: X43717T J THOMPSON INC

(704) 892-44012935 PROVIDENCE RDSUITE 201CHARLOTTE, NC 28211

Electrical ContractorPhone:Address:

Permit Number: E3400439Home Owner: NoContract Cost: $ 2,000License # : 20198Contractor ID: E19420TAYLOR MADE ELECTRICAL SERVICE

(704) 554-18089600 INDUSTRIAL DRPINEVILLE, NC 28134

Mechanical ContractorPhone:Address:

Permit Number: M3400440Home Owner: NoContract Cost: $ 600License # : 20021Contractor ID: X39786KAISER HEATING & AIR INC T A

(704) 370-28681038 CULP RDSUITE 300CHARLOTTE, NC 28134

Plumbing ContractorPhone:Address:

Permit Number: P3400441Home Owner: NoContract Cost: $ 2,000License # : 29680Contractor ID: X42804PROVIDENCE PLUMBING LLC

(803) 389-68472719 HYW 161 SYORK, SC 29745

text


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August 22, 2018


Miscellaneous

Entry Date: Entered By:Issued By:

T J THOMPSON INC08/22/201808/3/2018 10:27 am

Issue Date:Special Inspections: n/a

Lien Agent

Agent: Fidelity National Title Company, LLCPhone: (888) 690-7384Fax: (919) 489-5231Email: [email protected] Address: 19 W Hargett ST Unit: 507, Raleigh, North Carolina 27601Physical Address: 19 W Hargett ST Unit: 507, Raleigh, North Carolina 27601

896117

Lien Agent Number

text

RemarksHVAC equipment may encroach into set-back area by 50%.

This Project has not been reviewed and permitted as an Accessory Dwelling Unit. Constructionfor this Project must comply with all requirements in Code Section 12.106 of the City ofCharlotte Zoning Ordinance. A HOLD may be placed on this project to verify zoning compliance.Call 704-336-7600 to schedule a zoning inspection in order to release the zoning HOLD.

Construct new pool house


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August 22, 2018


Griffin, JeffYour assigned Project Manager:Your project has been assigned to the Residential Inspection Team.

To contact your project manager, inspection supervisor or obtain inspection assistance with your project, call980-314-3134.

The Residential Team management also includes the following Inspection Supervisors:Building Supervisor:Electrical Supervisor:Mechanical Supervisor:Plumbing Supervisor:

Inspection Team

Burgin, BrandonKale, MichaelBarrett, DaveBarrett, Dave


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MECKLENBURG COUNTY CODE ENFORCEMENT

Residential Plan Review Disclaimer:A limited plan review for compliance with the NC State Residential Code

was performed on these plans.It is the Responsibility Of The

Contractor to construct this project using good engineering practice and

in full compliance with the NorthCarolina Residential Code, local

ordinances, and State regulations.

APPROVED

REVIEWED FOR COMPLIANCEWITH THE 2012 NC

RESIDENTIAL CODE. THISAUTHORIZATION SHALL NOT BE

CONSTRUED TO PERMIT ANYVIOLATIONS OF LOCAL, STATE,

OR FEDERAL LAWS.

PLANS REVIEWED BY:

Dwayne A. Heyward08/14/2018

-APPROVED-

01050-003/00123238-1

Alexander Ricks

PLLC

July 10, 2018

VIA EMAIL ONLY

Ali Talebi [email protected]

Re: 2609 Hampton Avenue Construction Plans Dear Mr. Talebi: Per your request, I have reviewed the deed restrictions and the zoning restrictions applicable to your property situated at 2609 Hampton Avenue, Charlotte, North Carolina (the “Property”). I have also reviewed the plans for construction of a home on the Property prepared by Greg Perry Design (the “Plan”). The Plan shows all of the relevant distances between the proposed structures and the property lines. Reviewing the Plan in light of the applicable deed restrictions and zoning restrictions, the Plan for construction of the home fully complies with the deed restrictions and zoning restrictions for the Property. Should you or any of your new neighbors have any questions, please feel free to call me. Sincerely,

Ryan P. Hoffman

Jon Burkindine

7640 Winterset Dr.

Charlotte, NC 28270

859.866.8549 [email protected]

Jon and Genevieve Burkindine

7640 Winterset Dr.

Charlotte, NC 28270

859.866.8549 [email protected]

7640 Winterset Dr., Charlotte, NC 28270

21320118

Sardis Woods

R-3

6/3/2020

6/3/2020

5 paper copies attached per email from Lisa McCarter 6/2/2020X

Example 9.205 (1)(g) 45 foot rear yard 35 foot rear yard (10 foot reduction from required)

12.106 6' side setback for acc.structure in side yard 2.7' side setback

The garage was existing when I purchased the house. I had no knowledge of the zoning issues with

the garage until I submitted a request for a permit in 2019. The garage is 2.7' from the side lot line.

I can not move the garage without substantial difficulty ($100,000+) as this would involve demolition

of the garage, foundation and some driveway and construction of a new foundation, garage and

partial driveway.

If the 6' lot line was strictly adhered to, the garage would have to be demolished. I have worked with the

spouse, not living at the neighboring property, is on the deed and has refused to cooperate.neighbor, Cyrilla Neely, to purchase enough land to create the necessary side yard, but a divorced

The property currently contains a garage that is 2.7' from the side lot line and sitting in the side yard.

The garage was not built by me, nor at my request. Zoning permitted and passed the garage at

the time of construction.

I did not have any knowledge of the circumstances involving the garage setbacks. There was no

acknowledgement of an issue in the real estate waivers signed at closing. There was no discussion or

provision from the previous homeowners regarding the construction of or permitting of the garage.

There is no issue to public safety. The neighbor who would be most affected by a structure too close

to the lot line does not have any issue with the garage as it is.

6'

1st Floor

7B VENTURES LLC7640 Winterset Dr.Charlotte, NC [email protected]

PROJECT OWNER:

Jon Burkindine7640 Winterset Dr.Charlotte, NC 28270

A4

AREA OF SIDE LOT INTRUSION

From: Perry, EmilyTo: McCarter, LisaCc: Oliver, MaxxSubject: RE: [EXT] Re: 7640 WintersetDate: Wednesday, June 17, 2020 3:53:48 PM

Good afternoon Lisa, The drainage easement they are showing on the survey is not a City maintained easement. Also,there appears to be no public drainage easement shown on the subdivision plat for the parcel. Webelieve the property owner will need to obey the subdivision HOA covenants and restrictions andshould confirm with the surveyor what easements exist. Please let me know if you have additional questions. Thanks,Emily Emily Perry, PECharlotte-Mecklenburg Storm Water Services600 East Fourth StreetCharlotte, NC 28202office: [email protected]

From: Labadorf, Kate Sent: Wednesday, June 17, 2020 11:08 AMTo: Perry, Emily ; Edwards, Stewart Subject: Fwd: [EXT] Re: 7640 Winterset

Begin forwarded message:

From: "McCarter, Lisa" Date: June 17, 2020 at 9:34:56 AM EDTTo: "Labadorf, Kate" Cc: "Oliver, Maxx" Subject: FW: [EXT] Re: 7640 Winterset

mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]

Good morning Kate, I hope you are well. We received a variance application for a garage side setbackencroachment, and I noticed that there is also an encroachment into a storm drainageeasement of what looks like 2-3 feet. I attached the survey. Would your departmentsupport this encroachment? Thank you,Lisa Lisa McCarter, AICP, CZO | Planning Project ManagerCharlotte Planning, Design, and Development600 East Fourth Street, 8th Floor, Charlotte, NC [email protected] Creating Great Places for Our Community

mailto:[email protected]

Hearing Request Application - Form 1

Zoning Board of Adjustment

City of Charlotte

Date Filed:_______________ Case Number:__________________ Received by:________________

Instructions

This form must be filed out completely. Please attach the appropriate additional form depending on

your request type along with required information as outlined in the appropriate checklist. Please

type or print legibly. All property owners must sign and consent to this application, attach additional sheets

if necessary. If the applicant is not the owner, the owners must sign the Designation of Agent section at the

bottom of this form.

The Applicant Hereby (check all that apply):

□ Requests a variance from the provisions of the zoning ordinance as stated on Form 2

Applicant or Agent’s Name:___ Carl Sturdivant ______________________

Mailing Address:_____4317 Pebblebrook ___________________________________________

City, State, Zip:______Charlotte, NC 28208________________________________________

Daytime Telephone:__ 704-241-6477 ______Email Address:_ [email protected]_______

Interest in this Case (please circle one): Owner

Property Owner(s) [if other than

applicant/agent]:______________________________________________

Mailing

Address:________________________________________________________________

City, State,

Zip:_________________________________________________________________

Daytime Telephone:___________________ Email Address:_____________________________

Property Address:___ 4317 Pebblebrook Drive ___________________________________________

Tax Parcel Number:_ 06110219 __________ Zoning District: Charlotte_____________

Subdivision Name:__ Wandawood Acres__________Conditional District: NO

Applicant Certification and Designation of Agent

I (we) certify that the information in this application, the attached form(s) and documents submitted by me

(us) as part of this application are true and correct. In the event any information given is found to be false,

any decision rendered may be revoked at any time. I (we) hereby appoint the person named above as my

(our) agent to represent me (us) in this application and all proceedings related to it. I (we) further certify to

have received, read and acknowledged the information and requirements outlined in this packet.

______________________ ________________________________________

Date Property Owner

Carl Sturdivant

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[email protected]

[email protected]

[email protected] text06/21/2020

Variance Application: Zoning Ordinance - Form 2

Zoning Board of Adjustment

City of Charlotte

Date Filed:_______________ Case Number:__________________ Fee Collected:_______________

Has work started on this project? YES NO

If yes, did you obtain a building permit? YES NO If yes, attach a copy.

Have you received a Notice of Violation

or Stop Work Order for this project? YES NO If yes, attach a copy.

Has this property been rezoned? YES NO If yes, Petition Number:

________

(1) From what zoning ordinance section numbers are you seeking a variance? Please list each section, the

requirement, and the requested variance.

Item Code Section Code Requirement Variance Request

Example 9.205 (1)(g) 45 foot rear yard 35 foot rear yard (10 foot

reduction from required)

A 9.205 (1)(g) 90 Degree measurement

from property Line

Keep existing 90 Degree

measurement from

building Line. Instead of

Property Line.

B 9.205 (1)(g) 40’ foot rear yard 24-foot rear yard (16’ foot


C 12.106 (3) 30’ foot rear yard 24-foot rear yard (6’ foot


(2) Please describe why the variances requested are necessary.

(Item A) This house was built in 1968 prior to current Zoning requirements. As built existing house is not

encroaching the 40 feet rear yard requirement when measuring 90 degrees from House instead of property line.

Requesting a variance only If needed in respect to (Items B, and C) ZBA current code requires all measurements

to building placements be taken 90 Degrees from property Line. However, in 1968 when this Subdivision was built, all permits with angler rear property lines, was measured 90

degrees off the wall of the house vs Property Line. Therefore, I am asking if this Board will consider the existing

standards and practices of the Measurement Practices in 1968. (Most Recent ZBA Case is 2018-047 of which the

same Standard was used). (Please see Exhibit- and 2).

(Item B) Due to the irregular angle of the rear property line and the varying depth of the side lot lines ranging

from 122’ to 75’, the irregular shape of the lot and house placement on the lot, a 16’ variance to the rear set-back

is needed in order to add on to the right rear of the house, for Laundry, Kitchen, and Utility Room. The irregular

shaped lot is not typical and applying current Zoning requirements greatly restricts buildable area. The Variance is

needed for an addition to the rear of the home. The addition is necessary to optimize the function of the house. In

respect to (Items A) if granted this intrusion would only be 10’ foot, respectively.

(Item C) Due to the angle of the rear property line, the irregular shape of the lot and house placement on the lot, a

6’ variance to the left rear set-back is needed in order to add a covered porch. In respect to (Items A) if granted

this intrusion would only be 1’ foot respectively.

(3) THERE ARE UNNECESSARY HARDSHIPS IN THE WAY OF CARRYING OUT THE STRICT LETTER

OF THE ORDINANCE. The courts have developed rules to determine whether, in a particular situation, "practical

difficulties or unnecessary hardships" exist. State facts and arguments in support of each of the following:

(a) Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.

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The hardship is related to the house placement on the lot (roughly 35ft. front setback) and the lot's irregular

configuration. Given these factors, the one-story house of 960 sqft cannot be expanded in a uniformed manner

without encroaching into the rear yard. The current rear set-back of side of the property is 40ft.

Due to the irregular shaped rear property line runs at an angle to the original placement of the house. This

hardship is not common to the neighborhood due to its angular and non-typical configuration.

(b) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are

common to the neighborhood or the general public, may not be the basis for granting a variance.

This hardship is not the result of the applicant's action since no construction has occurred on the property. The

house was built in 1968 before current ordinance was established. Applicant received a survey for the property

that showed side and rear setbacks. Applicant was made aware of the encroachment of the addition by the building

department after applying for a permit for the addition. Current Homeowner was not made aware of the rear set-

back issue when the house was purchased. In addition to this hardship, as previously stated, there are 2 separate and

conflicting Measuring practices in respect to this irregular shaped lot as follows.

1. When house was built in 1968 the rear property line measurements appears to be taken 90 degrees from rear wall of house resulting in an approximate 40-foot rear yard. (Please see Exhibits 1).

2. Current code requires property line measurements to be taken 90 degrees from Property Line. This Current Practice of measurements results in an approximate 35-foot rear yard.

3. 90-degree measurement from house instead of property continues to be a practice applied by this Board. (Most Recent ZBA Case is 2018-047 of which the same Standard was used). (Please see Exhibit- and 2).

(c) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be

regarded as a self-created hardship.

Of the issues related to this variance request, the owner has played no part, or performed any roles in the

hardships stated in this request.

(4) THE VARIANCE IS CONSISTENT WITH THE SPIRIT, PURPOSE, AND INTENT OF THE

ORDINANCE (State facts and arguments to show that the requested variance represents the least possible

deviation from the letter of the Ordinance to allow a reasonable use of the land; and, that the use of the property, if

the variance is granted, will not substantially detract from the character of the neighborhood.)

This is a Private Residential Structure. There is no harm to the public and will not encroach upon or interfere

with any public Right of Way.

1. It is a FEMA Designated Zone X Property, which is an area determined to be outside the 500‐year flood and protected by levee from 100‐year flood.

2. Set-Backs for all Front, and Side Yards are well within limitations of the R-4 ordinance guidelines. 3. Completed Maximum building square foot, coverage does not exceed 25% of the total lot square

footage, which is well within the 35% Maximum.

This variance if granted is consistent with the purpose, spirit and intent of the ordinance (Please see Exhibit 2) of

consistent variances granted by this Board with irregular shaped rear yard property lines.

(5) THE GRANTING OF THE VARIANCE SECURES THE PUBLIC SAFETY AND ACHIEVES

SUBSTANTIAL JUSTICE. (State facts and arguments to show that, on balance, if the variance is approved,

the benefit received by the Applicant will substantially outweigh the harm suffered by to the public.)

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Homeowner is seeking to add to rear of house a uniformed expansion to add Laundry Room, Utility Closet,

Kitchen, and New Roof design for better water shed.

These variances if granted is well within the boundaries of the Charlotte Zoning Ordinance, does not detract

from the character of the neighborhood, and is consistent with the intended Spirit and Purpose of the Zoning

Ordinance.

I restate the facts of this request in its entirety, showing the facts that the (THE VARIANCE IS CONSISTENT

WITH THE SPIRIT, PURPOSE, AND INTENT OF THE ORDINANCE) and especially with the other similar

cases granted by this Board, and on balance shows no harm to the public by the benefits received by the granting

of this variance.

Finally, I site NC Court of appeals Case, THROUGH THE LOOKING GLASS, INC. v. The ZONING BOARD

OF ADJUSTMENT FOR THE CITY OF CHARLOTTE, No. COA99-69. Decided: December 21, 1999.

In which it states. (“We recognize that the Board of Adjustment is not required to grant a petitioner a variance

merely because it granted another petitioner a variance for the same type of property in the same district.

Instead, the Board should closely examine the facts in each case to determine whether the variance should be

granted under the standards of the ordinance. Where the fact situations are exactly the same in two cases, the

decisions should, of course, be the same.”) whereas, to differ from same Facts and Standard Practices of this

current Board creates an unfair prejudice against the Applicant in this case. Thanks!

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µ0 0.006 0.0120.003 Miles

Date Printed: 5/6/2020 7:19:57 PM

This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein.

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hearing request application – form 1 case number ......front: 4 left: 3 right: 3 rear: 3 project...

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