The Zoning Board of Adjustment (hereinafter “Board”) for the Charlotte Zoning Area held its meeting in the Innovation Station, Government Center, 600 East Fourth Street at 9:00 a.m., February 26, 2008.  Chairperson, Andrew Zoutewelle, called the meeting to order.  Reference to “Ordinance” means “Charlotte Zoning Ordinance”.

Present:                       Andrew Zoutewelle, Robert Eaton, Lee McLaren, Michael Knotts,
Steven Firestone

Also Present:              Keith MacVean, Interim Zoning Administrator
Katrina Young, Planning Coordinator
Terrie Hagler-Gray, Asst. City Attorney
Sonda S. Kennedy, Clerk to the Board
Barry Mosley, Planning
Adkins Court Reporting

Index of Cases:           Case #08-016 – 2100 Wilhelmina Avenue
Case #08-013 – 5532 Cold harbor Drive
Case #08-008 – 304 Rocklyn Place
Case #08-009 – 305 Rocklyn Place

 

Case No. 08-016 - Mecklenburg Parks and Recreation (Represented by Brian Conroy)  for property located at 2100 Wilhelmina Avenue - Tax Parcel Number 095-032-83, requesting an 80 foot variance from the required 100 foot separation to allow the construction of a handicapped ramp and the relocation of an existing stage.

The following sections of the Zoning Ordinance apply:
Code Section 12.540 of the Charlotte Zoning Ordinance requires outdoor recreation uses must maintain a “Class C” buffer and be located 100 feet from external lots.

At its meeting on February 26, 2008, the City of Charlotte Zoning Board of Adjustment (“Board”) granted an 80 foot variance from the required 100 foot separation to allow the construction of a handicapped ramp and the relocation of an existing stage.

The Board based its decision on the following findings of fact:

1. The property is identified as Tax Parcel 095-032-83.
2. The property is owned by Mecklenburg County.
3. An amphitheater stage was previously located closer to the property line.
4. The existing buffer at the park is 20 feet.
5. The layout of the amphitheater and the topography of the park make relocating the stage not feasible.
6. There are no locations within the existing park that would meet the 100-foot buffer requirement.
7. A handicapped ramp is needed to meet accessibility guidelines.
8. The former platform was constructed over a piped stream that created a safety issue.
9. The park existed prior to the adoption of the buffer requirements.

Conclusions of Law

1. The spirit of the Ordinance will be observed because in granting the variance the public safety and welfare have been assured and substantial justice has been done. 
2. Denial of the request would impose an unnecessary hardship on the petitioner.

1. Granting the variance is in harmony with the general purpose and intent of the Ordinance and further preserves its spirit.

 

Members who heard this case were Andy Zoutewelle, Lee McLaren, Michael Knotts, Robert Eaton and Steven Firestone.  The decision of the Board was expressed in a motion by Board Member Lee McLaren and seconded by Board Member Robert Eaton to grant the variance requested including the finding of facts and conclusions of law as written by staff.  A yes vote is to grant. 

Ayes:   Zoutewelle, Eaton, McLaren, Knotts, Firestone
Nays:   None

 

Case No. 08-013 - Robert and Ann Aycock  for property located at 5532 Cold Harbor Drive - Tax Parcel Number 053-172-72, requesting a 40 foot variance from the required 100 foot watershed buffer to allow the construction of an addition to the existing residence. 

The following sections of the Zoning Ordinance apply:

Code Section 10.608 (1) requires a 100 foot vegetative buffer for low density development in the critical area along the shoreland of the Catawba River/Lake Wylie watershed overlay. 
Code Section 7.103(5) states a nonconforming structure may be expanded, without bringing the nonconforming structure into conformity, only if the part of the structure to be expanded and the area of the lot into which the expansion is taking place are both brought into conformity with requirements of these regulations.

At its meeting on February 26, 2008, the City of Charlotte Zoning Board of Adjustment (“Board”) granted a 40 foot variance from the required 100 foot watershed buffer to allow the construction of an addition to the existing residence with the condition that the applicant will obtain approval of a mitigation plan from Water Quality of Mecklenburg County. 

The board based its decision on the following findings of fact:

1. The property is identified as Tax Parcel Number 053-172-72.
2. The property is currently zoned R-5.
3. The existing residence is legal non-conforming.
4. The proposed addition will be farther away from the required buffer than the existing structure.
5. Zoning staff and Water Quality staff support granting the variance.
6. The topography makes it difficult to construct an addition on the left side of the property.

 

Conclusions of Law

1. The spirit of the Ordinance will be observed because in granting the variance the public safety and welfare have been assured and substantial justice has been done. 
2. Denial of the request would impose an unnecessary hardship on the petitioner.
3. Granting the variance is in harmony with the general purpose and intent of the Ordinance and further preserves its spirit.

Members who heard this case were Andy Zoutewelle, Lee McLaren, Michael Knotts, Robert Eaton and Steven Firestone.  The decision of the Board was expressed in a motion by Board Member Robert Eaton and seconded by Board Member Michael Knotts to grant the variance with the condition that the applicant

 

will obtain approval of a mitigation plan from Water Quality of Mecklenburg County and to adopt the findings of fact and conclusions of law as recommended by staff.  A yes vote is to grant. 

Ayes:   Zoutewelle, Eaton, McLaren, Knotts, Firestone
Nays:   None

Case No. 08-008 - Myers Park Village, LLC (Justin Faircloth) for property located at 304 Rocklyn Place - Tax Parcel Number 175-176-07, requesting a variance from the required dryland access to allow construction of residences with access not by way of a dryland access.

The following section  of the Floodplain Ordinance applies:
Floodplain Ordinance Code Section 9.102 requires access to habitable buildings during a flood event to be by way of a dryland access.

At its meeting on February 26, 2008, the City of Charlotte Zoning Board of Adjustment (“Board”) granted a variance from the required dryland access to allow construction of a residence with access not by way of a dryland access.

The Board based its decision on the following findings of fact:

1. Section 9-102, 5 of the City of Charlotte Floodplain Regulations states that “Dryland Access must be provided to new or Substantially Improved Habitable Buildings according to the following criteria:  Dryland Access is required if any portion of either the Habitable Building or vehicular access route, connecting the Habitable Building to a public street , is within the Floodplain.  If Dryland Access cannot be obtained, A Variance to the requirement for Dryland Access may be granted by the Board of Adjustment.”
2. Dryland Access is defined as “a gravel, paved or concrete access route, at least 12’ wide, which is above the Community Base Flood Elevation and connects an Habitable Building to a Dry Public Street.”
3. Dry Public Street is defined as “a public street at the intersection of a proposed driveway where the surface of the pavement is at an elevation above the Community Base Flood Elevation.”
4. An existing house will be demolished and replaced with a new house on the lot.
5. The driveway to the old (existing) house is below the level of the Community Base Flood Elevation.
6. Rocklyn Place at the driveway connection is below the Community Base Flood Elevation.
7. The property does not have “Dryland Access”
8. The Community Base Flood Elevation at this location is 609.5’.
9. The Flood Protection Elevation (Community Base Flood Elevation + 1’) at this location is 610.5’
10. The elevation of  the lowest floor of the old house is 608.4’
11. The elevation of the lowest adjacent grade at the old house is 605.4’
12. Floodwater would be 1.1’ feet above the floor in the old house during a Community Base Flood.
13. The proposed new house on the lot will be elevated on a foundation so that the lowest floor is located at least to the Flood Protection Elevation (610.5’).
14. The new house will be at less risk from flooding than the old house.

 

1. A “No-Rise” study depicting the proposed fill on the lot has been submitted by the property owner and approved by Mecklenburg County Storm Water Services.
2. The occupancy permit will not be approved until a professional land surveyor certifies the house is constructed to the required elevations.
3. Mecklenburg County Storm Water Services supports granting of the variance.

Conclusions of Law

1. There was a showing of good and sufficient cause to grant the variance.
2. The factors and consideration as specified in Section 9.85 of the Floodplain Regulations have been reviewed and have been met in a reasonable way.
3. In granting the variance the public safety and welfare have been assured and substantial justice has been done.
4. The variance is in harmony with the general purpose and intent of the Ordinance and further preserves its spirit.
5. Denial of the request would provide an unnecessary hardship on the petitioner.

Members who heard this case were Andy Zoutewelle, Lee McLaren, Robert Eaton, Michael Knotts and Steven Firestone.  The decision of the Board was expressed in a motion by Board Member Robert Eaton and seconded by Board Member Michael Knotts to grant the variance including the finding of facts.  A yes vote is to grant. 

Ayes:   Zoutewelle, Eaton, McLaren, Knotts, and Firestone
Nays:   None

Case No. 08-009 - Myers Park Village, LLC (Justin Faircloth) for property located at 305 Rocklyn Place - Tax Parcel Number 175-175-08, requesting a variance from the required dryland access to allow construction of residences with access not by way of a dryland access.

The following section  of the Floodplain Ordinance applies:

Floodplain Ordinance Code Section 9.102 requires access to habitable buildings during a flood event to be by way of a dryland access.

At its meeting on February 26, 2008, the City of Charlotte Zoning Board of Adjustment (“Board”) granted a variance from the required dryland access to allow construction of a residence with access not by way of a dryland access.

The Board based its decision on the following findings of fact:

1. Section 9-102, 5 of the City of Charlotte Floodplain Regulations states that “Dryland Access must be provided to new or Substantially Improved Habitable Buildings according to the following criteria:  Dryland Access is required if any portion of either the Habitable Building or vehicular access route, connecting the Habitable Building to a public street , is within the Floodplain.  If Dryland Access cannot be obtained, A Variance to the requirement for Dryland Access may be granted by the Board of Adjustment.”

 

2. Dryland Access is defined as “a gravel, paved or concrete access route, at least 12’ wide, which is above the Community Base Flood Elevation and connects an Habitable Building to a Dry Public Street.”
3. Dry Public Street is defined as “a public street at the intersection of a proposed driveway where the surface of the pavement is at an elevation above the Community Base Flood Elevation.”
4. An existing house will be demolished and replaced with a new house on the lot.
5. The driveway to the old (existing) house is below the level of the Community Base Flood Elevation.
6. Rocklyn Place at the driveway connection is below the Community Base Flood Elevation.
7. The property does not have “Dryland Access”
8. The Community Base Flood Elevation at this location is 609.5’.
9. The Flood Protection Elevation (Community Base Flood Elevation + 1’) at this location is 610.5’
10. The elevation of  the lowest floor of the old house is 608.8’
11. The elevation of the lowest adjacent grade at the old house is 606.4’
12. Floodwater would be 0.7’ feet above the floor in the old house during a Community Base Flood.
13. The proposed new house on the lot will be elevated on a foundation so that the lowest floor is located at least to the Flood Protection Elevation (610.5’).
14. The new house will be at less risk from flooding than the old house.
15. A “No-Rise” study depicting the proposed fill on the lot has been submitted by the property owner and approved by Mecklenburg County Storm Water Services.
16. The occupancy permit will not be approved until a professional land surveyor certifies the house is constructed to the required elevations.
17. Mecklenburg County Storm Water Services supports granting of the variance.

 

Conclusions of Law

1. There was a showing of good and sufficient cause to grant the variance.
2. The factors and consideration as specified in Section 9.85 of the Floodplain Regulations have been reviewed and have been met in a reasonable way.
3. In granting the variance the public safety and welfare have been assured and substantial justice has been done.
4. The variance is in harmony with the general purpose and intent of the Ordinance and further preserves its spirit.
5. Denial of the request would provide an unnecessary hardship on the petitioner.

Members who heard this case were Andy Zoutewelle, Lee McLaren, Robert Eaton, Michael Knotts and Steven Firestone.  The decision of the Board was expressed in a motion by Board Member Robert Eaton and seconded by Board Member Michael Knotts to grant the variance including the finding of facts.  A yes vote is to grant. 

Ayes:   Zoutewelle, Eaton, McLaren, Knotts, and Firestone
Nays:   None

During the business portion of today’s meeting, deliberations for Case No. 07-056  E. Independence Boulevard (Coventry Woods), Case No. 07-055  3423 South Boulevard, and Case No. 07-063  1409 Riverside Drive will be discussed at a special meeting on March 4, 2008.
Andy Zoutewelle was elected to serve as chairperson for the Board.  A co-chair will be elected at the special meeting.