SPECIAL MEETING

The Zoning Board of Adjustment (hereinafter “Board”) for the Charlotte Zoning Area held a special meeting in the North Conference Room at the Government Center, 600 East Fourth Street at 10:30 a.m., December 19, 2007 for the sole purpose of deliberating Case No. 07-069.  Chairperson, Andrew Zoutewelle, called the meeting to order. 

Present:                       Andrew Zoutewelle, Chet Rabon, Robert Eaton, Lee McLaren, Michael Knotts,
             
Also Present:              Keith MacVean, Interim Zoning Administrator
Katrina Young, Planning Coordinator
Sonda S. Kennedy, Clerk to the Board
Terrie Hagler-Gray, Assistant City Attorney
Adkins Court Reporting

Special Deliberations:

CASE NO. 07-069 - 1213 West Morehead Street - Storage, LLC (Represented by John Carmichael) -   Tax Parcel Number 073-254-03, requesting a variance in its entirety from 9.102(a) 12 to allow a site to be redeveloped without the parking area to meet the regulations.

At its regular meeting on December 11, 2007, the City of Charlotte Zoning Board of Adjustment (“Board”) granted a variance in its entirety from Section 9.102(a) (12) to allow a site to be redeveloped without the parking area to meet the regulations with the following three (3) conditions: (1)  the applicant is  to provide to the Zoning Administrator and Floodplain Manager a certificate of the design of a cabling system that is reasonably sufficient to ensure against the danger that materials allowed to be placed in the floodway as a result of the variance might be swept away onto other lands to the injury of others during a Community Base Flood; (2) to provide clear signage at each entrance to the area that the parking lot may be subject to flooding; and (3) the use of the building is to be that set forth in the application and specifically not residential in nature.

At this special meeting on December 19, 2007, the City of Charlotte Zoning Board of Adjustment (“Board”) approved and adopted the following findings of fact and conclusions of law.

Findings of fact:

  1. The property is identified as Tax Parcel Number 073-254-03.
  2. The property is currently zoned B-1 and a rezoning request is pending to rezone to B-D(CD)PED-Optional.
  3. There is an existing paved and striped parking lot located on the site.
  4. The existing parking lot will be slightly expanded.
  5. A new, non-single family habitable building is proposed to be constructed on this site.
  6. The existing and proposed parking spaces are located entirely within the Community Floodplain. Portions of the parking lot are located within the Community Encroachment Area and FEMA Floodway.
  7. The hardship is the result of the recent amendment to the regulations whereby Section 9-102(a)(12) of the City of Charlotte Floodplain Regulations require that “all parking areas for new or substantially improved non-single family Habitable buildings must be at an elevation such that

      water depths would be less than 6” deep in any parking space during the occurrence of a   
Community Base Flood.”

 

  1. The site is unique in that a large portion thereof is located within the Community Floodway.
  2. Due consideration is given to the technical factors specified in Section 9-85.

 

The decision of the Board to adopt the findings of fact was expressed in a motion by Board Member Altenate Chet Rabon  and seconded by Board Member Lee McLaren .

Ayes:  Zoutewell, McLaren, Knotts, Rabon
Nayes:  Eaton

Conclusions of Law

  1. There was a showing of good and sufficient cause.
  2. There was a determination that failure to grant the variance would result in exceptional hardship.
  3. There was a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with other existing local laws or ordinances.

Board Member Alternate Chet Rabon was excused from the portion of the meeting when the conclusions of law were being defined because of a previous appointment-. The decision of the Board to adopt the conclusions of law was expressed in a motion by Board Member Michael Knotts and seconded by Board Member Lee McLaren.

Ayes:   Zoutewelle, McLaren, Knotts
Nays:   Eaton

 

The aforementioned minutes were approved by the City of Charlotte Zoning Board of Adjustment
this ___________ day of ________________________, 2008.

 

___________________________                  ______________________________
Andrew Zoutewelle                                         Sonda S. Kennedy
Chairperson                                                     Clerk to the Board