5

General Application - Form 1 Zoning Board of Adjustment

City of Charlotte

Date Filed:_9/21/2020______________ Case Number:__2020-091____________ Received by:_____MO_________

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/Floodplain Ordinance□ Appeals the determination of a zoning official/HDC COA□ Requests an administrative deviation from a quantifiable Zoning Ordinance standard□ Requests an extension of a variance approval

Applicant or Agent’s Name:_______________________________________________________________

Mailing Address:________________________________________________________________

City, State, Zip:_________________________________________________________________

Daytime Telephone:___________________ Email Address:_____________________________

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

Property Owner(s) [if other than applicant/agent]:______________________________________________

Mailing Address:________________________________________________________________

City, State, Zip:_________________________________________________________________

Daytime Telephone:___________________ Email Address:_____________________________

Property Address:_______________________________________________________________________

Tax Parcel Number:_____________________ Zoning District:______________________

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.

______________________ ________________________________________ Date Property Owner

_______________________ ________________________________________ Date Property Owner

Morgan Drury

morgandrury000@gmail.com

626 Queens Road #302

Charlotte, NC 28207

704.975.7127

John Flinn

6221 Lake Providence Lane

Charlotte, NC 28277

3200 Auburn Avenue Charlotte, NC 28209

147-062-14 R-4

Sedgefield

704.650.6950 tbflinn11@gmail.com

& Tina Flinn

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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, therequirement, 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

B

C

D

E

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

(3) THERE ARE UNNECESSARY HARDSHIPS IN THE WAY OF CARRYING OUT THE STRICT LETTEROF THE ORDINANCE. The courts have developed rules to determine whether, in a particular situation, "practicaldifficulties 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 todemonstrate that, in the absence of the variance, no reasonable use can be made of the property.

40 foot rear yard 35 foot rear yard (5 foot

reduction from required)9.205 (1)(g)

Please see attached survey. The lot in question is restricted by a recorded deed that runs with the land.

It imposes a front setback of 35'; a side setback of 6'; and a street side setback of 20'.

These restrictions are recorded in Deed Book 1544 at Page 181.

There is no deed restriction on the rear yard setback, but the R-4 requirement is 40'

If you apply each of these setbacks you are left with a 25' deep building pad envelope which is impossible to build on.

The request for a 5' reduction to 35' rear yard setback would allow us to build a 30' deep house which is the

absolute minimum practical depth to build a home with usable room sizes and layout.

The three setbacks in the deed restriction are greater than what the R-4 ordinance calls for, but we have to respect

them, as they run with the land. Without the 5' variance we are requesting, the remaining building pad would only

accomodate a 25' deep house. The floorplan we would like to use was already customized to fit a 30' deep lot which

layout, and areas of interior ingress/egress necessary to move about the home.

would be the narrowest depth livable to build a home on, considering the room sizes, room layout, and areas of

8

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

(c) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasingproperty with knowledge that circumstances exist that may justify the granting of a variance shall not beregarded as a self-created hardship.

(d) The requested variance is consistent with the spirit, purpose, and intent of the Zoning Ordinance, such thatpublic safety is secured, and substantial justice is achieved.

The deed restriction on this lot was recorded on May 5, 1952 by the owner at that time which is prior to the zoning

The deed restriction was recorded on May 5, 1952 and the signatory is no longer alive.

If granted, this variance would still provide for a 35' rear yard setback which would still provide for significant

spacing from the neighbor to the rear. In fact, it would provide more spacing than currently exists, as the existing

home violates the current setback required (grandfathered, non-conforming use).

If granted, the existing home would be razed, and a new home would be built with a 35' rear yard setback, which

would provide a greater distance between the homes than currently exists today.

That would certainly be consistent with the spirit, purpose, and intent of the Zoning Ordinance, as the situation

would be improved. Public safety would be secured and justice would be achieved.

ordinance being created in the area. Given the deed restrictions on top of the zoning restrictions the lot is unusually

small for the area as other new homes going up are building deeper.

AUBURN AV(50' APPARENT R/W)

16

15

17G

RE

YST

ON

E R

D(5

0' R

/W)

City of Charlotte, Mecklenburg County, North Carolina

For: True Homes3200 Auburn Av @ Colonial Village

Management

R. Joe Harris & Associates, Inc.Engineering Land Surveying Planning

1186 Stonecrest Blvd, Tega Cay, S.C. 29708 Phone: (803) 802-1799

**** Lot Fit Only ******* Lot Fit Only *** - Lot 16

5-foot rear yard variance request

(40’ to 35’)

OU OU

OU

OU

OU

OU

OU

OU

OU

OU

MB 6, PG

623

(2/29/1952)

SURVEY NOTES:1. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES.2. AREA COMPUTED BY THE COORDINATE METHOD.3. REFERENCE(S): RESTRICTIONS IN BOOK 1544, PAGE 181. OTHERS AS SHOWN.4. ALL BUILDINGS SHOWN LIE WHOLLY ON THE SUBJECT PROPERTY.5. LOT ZONED R-4 (SETBACKS: 30' FRONT, 5' SIDE-YARD, 40' REAR) PER GIS(8/18/20). THIS SURVEY DOES NOT REFLECT AZONING ANALYSIS. ANY DEVELOPMENT OF THIS PROPERTY IS SUBJECT TO THE APPROVAL OF THE CITY OF CHARLOTTE.6. PHYSICAL IMPROVEMENTS MAY EXIST ON THIS PROPERTY WHICH ARE NOT SHOWN HEREON.7. THIS SURVEY WAS CONDUCTED WITHOUT THE BENEFIT OF A TITLE COMMITMENT REPORT. THIS PLAT/PROPERTY IS SUBJECTTO ANY AND ALL RIGHTS-OF-WAY, UTILITY EASEMENTS, DEED RESTRICTIONS, RESTRICTIVE COVENANTS OR AGREEMENTSWHICH MAY OR MAY NOT BE OF RECORD AND APPLICABLE HERE TO THE DATE OF THIS SURVEY.8. ACCORDINGLY NOT ALL EASEMENTS ARE REFLECTED AND THE CITY MUST BE CONTACTED TO FULLY LOCATE ALLEASEMENTS TO CONFIRM IMPROVEMENTS CURRENT AND FUTURE DO NOT ENCROACH.9. UNDERGROUND UTILITIES ARE NOT LOCATED AT THE TIME OF SURVEY. IF SHOWN, UTILITY LOCATIONS ARE APPROXIMATEBASED ON LOCATIONS OF ABOVE GROUND APPURTENANCES. UNDERGROUND UTILITIES NOT SHOWN HEREON MAY EXIST.10. PROPERTY DOES NOT LIE IN A SPECIAL FLOOD HAZARD AREA(ZONE "X")(FIRM MAP # 3710454300L, EFFECTIVE 9/2/15).

1-STORYBRICK

UBSIP

DECK

R/W

R/W

R/W

R/W

R/W

1 inch = ft.( IN FEET )

GRAPHIC SCALE030 15 30

30

ABBREVIATIONSCP COVERED PORCHDB DEED BOOKMB MAP BOOKN/F NOW OR FORMERLYPG PAGEP/L PROPERTY LINER/W RIGHT-OF-WAYSF SQUARE FEETSIP SCREENED PORCHUB UTILITY BUILDING

EM

S

WM

31.9'

17.2'

23.6'25.5'

31.4'

37'

R/W

R/W

BOUNDARY NOT SURVEYEDBOUNDARY TIE LINE ONLYEASEMENT LINESETBACK LINECURB AND GUTTER

LINE LEGEND

OVERHEAD UTILITY LINE

CHAIN-LINK FENCE LINEWOOD FENCE LINE

BUILDING OVERHANGOU

GM

WM

EM

SYMBOL LEGEND

WATER METER

GAS METERELECTRIC METERUTILITY POLE

S SANITARY MANHOLE

AIR CONDITIONER

FIRE HYDRANTWATER VALVE

SIGNGUY WIRE

CURB INLET

HATCH LEGEND

BRICK

WOOD DECK

BUILDING

PAVEMENT

CONCRETE

ADJOINERS CHAIN-LINKFENCE IS ON THE P/L

UB IS 0.7'OVER THE P/L

AT WORST POINT

FENCE TIES-IN 1.2'OVER(NW) THE P/L

N 48°01

'02" E

99.99

' S 40°43'10" E

102.21'

N 49°22'09" E

70.01'(TIE)

N 81°36'51" W66.12'(TIE)

N 40°43'10" W

100.01'

S 49°16'50" W

99.97'

S 42°40'07" E

89.96'(TIE)

#4RBF

#4RBF

#4RBF

#6RBF

#6RBF PROPERTY BOUNDARY

REBAR FOUND (RBF)

#4 REBAR SETCALCULATED POINT

DRILL HOLE FOUND

LOT 17, BLOCK 3MB 6, PG 623

DB 29455, PG 340PID # 14706213

LOT 17, BLOCK 3MB 6, PG 623

DB 34750, PG 248PID # 14706215

AUBURN AVENUE

FORMER

LY HARTFO

RD AVENUE

50' R/W

(MB 6, P

G 623)

GREYSTONE ROAD

50' R/W (M

B 6, PG 623)

R/W

I CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM ANACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTIONRECORDED IN BOOK 17555, PAGE 373); THAT THE BOUNDARIES NOTSURVEYED ARE INDICATED AS DRAWN FROM INFORMATION REFERENCEDHEREON; THAT THE RATIO OF PRECISION AS CALCULATED EXCEEDS 1:10,000;THAT THIS MAP MEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICEFOR LAND SURVEYING IN NORTH CAROLINA (21 NCAC 56.1600).WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL.THIS 25th DAY OF AUGUST , 2020 .

MORGAN DESIGN LLC

KLP-20051PROJECT NUMBER: DRAWN BY: ZRR8/13/2020FIELD SURVEY DATE:FILE NAME: 3200 AUBURN AVENUE.DWG

SURVEY OF PROPERTY FOR:

ZACHERY R. ROGERS, PLSNORTH CAROLINA REGISTRATION NUMBER L-5194 NC FIRM LICENSE #: C-4342

1421 Cyrus Drive Charlotte, NC 28205P: 704.450.4779 Zach@RogersLandSurveying.com

VICINITY MAP(NOT TO SCALE)

3200 AUBURN AVENUELOT 16 IN BLOCK 3 OF COLONIAL VILLAGE

MAP BOOK 6, PAGE 623PARCEL ID # 14706214 - AREA: 0.232 ACRE (10,107 SF)

CHARLOTTE, NC 28209, MECKLENBURG COUNTY

AUBUR

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MAY

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ASSUMED 20' RADIUS- AREA: 86 SF

35' SETBACK

(BK 1544, PG 181)

20' SIDE-STREET

(BK 1544, PG 181)

6' SIDE-YARD (BK 1544, PG 181)

17.4'

36.1'

RESERVED 5' UTILITYEASEMENT (BK 1544, PG 181)

40'REA

R-YARD (R-4)

FRONT ELEVATION

10'-1

1/8

"

8'-0

" HEA

DER

9'-1

1/8

"

8'-2

" HEA

DER

TOP OF WALL

TOP OF WALL

FINISH FLOOR

FINISH FLOOR

27'-4

1/8

"

10'-1

1/8

"

8'-0

" HEA

DER

TOP OF WALL

FINISH FLOOR

20'-5

"

9'-1

1/8

"

8'-0

" HEA

DER

TOP OF WALL

FINISH FLOOR

26'-4

"

4'-6

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6:12 6:12

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FXD 2020 FXD 2020

2'-0

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LV18X42CD10

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FXD (2)2020

CD10

6:12

FXD (2)2020

A3.1

Copyright True Homes L.L.C.. All rightsreserved. The duplication, reproduction,copying, sale, rental, licensing, or anyother distribution or use of these drawings,any portion there of, or the plans depictedhereon is strictly prohibited.

PREPARED BY:

DATE:

REVIEWED BY:

SCALE:

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9/3/2020

CHARJURISDICTION:

DATE:

TO: CHARLOTTE-MECKLENBURG CODE ENFORCEMENT

FROM: MECKLENBURG COUNTY GIS

PERMIT NUMBER:

147-062-14

PARCEL NUMBER

3200 AUBURN AV

ASSIGNED STREET ADDRESS (ADDRESS OF RECORD)

N/A

EXISTING STREET ADDRESS (IF DIFFERENT FROM ASSIGNED)

PROJECT NAME (IF APPLICABLE)

Remarks:

N/A

Addressing Verification Form Disclaimer Statement

Signed:

Special Circumstances: If a temporary address is being verified for the purposes of Plan Review, the responsible party will be required to obtain and submit a new form verifying the permanent address prior to issuance of the permit.

Incorrect information may result in delays in getting final approval of permits and the final C/O.

Name (please print)

Company

Company Address

Telephone #

Signature

Date

The party indicated on this application shall be responsible for maintaining this address throughout the life of the project from plan submittal through final C/O. The contents of this form reflect information provided by the party listed on this form.

Revised Oct-2005