The Charlotte Mercury By Jack Beckett
May 28, 2025
Formalities, Swearing-In, and Ground Rules
Chair Deborah Dryden opened the May 28 meeting of the Charlotte Zoning Board of Adjustment by swearing in all speakers and reminding attendees of the quasi-judicial process. Present: Marshall Williamson, Kevin Shea, Hamilton Court, and Amy Weng Sun. City staff included Senior Project Manager John Kinley, Planner Crystal Monsegur, Clerk Kamisha Lampley, Senior Assistant City Attorneys Terri Hagler-Gray and Jill Sanchez-Meyers, Veritext court reporter Elizabeth Majors, and Zoning Administrator Solomon Fortune.
River Haven: Rebuilding in a Flood Zone
Property owners filed Variance Case 2025-00026 at 11631 River Haven Drive. Represented by Stormwater’s Andrew Poindexter, the applicants requested permission to rebuild their flood-damaged home, seeking a variance to encroach upon the required buffer in a watershed overlay. The proposed rebuild would sit on piers and feature 1,600 sq ft of new built-upon area.
The hardship arose from the placement of a septic field and the topography of the site. City staff supported the variance provided an approved mitigation plan is developed and state approval is secured. The Board approved unanimously after amending Finding of Fact #16 to include both requirements explicitly.
Uptown Parking Deck Expansion: Six Variances in One Vote
Case 2025-00024 concerned 427 South Church Street. Owner Tryon Property Owner LP, represented by Sarah Beeson and City Planner John Kinley, sought six variances for a vertical expansion of a 1974-era parking deck. Variances included:
- Article 38.8 – Expansion of a non-conforming structure
- Article 12 – Setback reductions on MLK Jr. Blvd and South Church St.
- Article 19.7B – Screening waivers for new levels
- Article 20.7, 20.8, 20.17C, 20.17D – Waiving landscaping requirements
- Article 19.3 – Waiving EV parking requirements
Kinley explained that to align structurally with the existing levels and preserve stairwell and elevator access, the new levels had to match the current footprint. City staff argued modifying the footprint to meet current code would compromise safety and be cost-prohibitive.
Board members questioned the waiver of EV parking. While acknowledging Charlotte’s 2030 and 2050 climate goals, they accepted the explanation that the structure predates the code and upgrading EV infrastructure would require extensive rework of existing concrete decks. Board approved unanimously, with amendments to Findings of Fact #4 and #13.
Ballantyne Jewish Center: Legacy Structures Trigger Variance
Variance Case 2025-00025 focused on 8710 Bryant Farms Road. The applicant, Israel Levin (represented by Nolan Gross), requested a variance from Article 20.9 Table 20-2 to eliminate a 95-foot portion of the required 25-ft Class B landscape buffer along the western edge and reduce another segment to 20 ft along the northern boundary.
The issue stemmed from existing structures—a pool, pool house, and detached garage—built in 1992 and 1997 when the property was residential. Conversion to institutional use for a new religious center triggered new zoning requirements. Staff supported the variance with two conditions: if the structures are removed, the variance is void; if the wall is removed, a compliant fence must be installed. Approved unanimously.
Bundy v. Shelley: A Fence, a Tree, and a Threat of Lawsuit
Case 2025-00021 turned acrimonious. Homeowner William Bundy of 3800 Bonwood Drive requested a variance to allow an 8-foot fence in a side yard setback, where only 6 feet is permitted under Article 17.2-D2B.
Bundy, citing pool safety and neighbor complaints about runoff, presented evidence that a curved tree and a climbable aluminum fence on the Shelley’s adjacent property (3808 Bonwood) necessitated the taller structure. He brought contractors, cited North Carolina pool code, and emphasized his desire to protect neighborhood children.
Neighbors Martha and Marty Shelley countered that Bundy had threatened them with litigation, installed the fence after they refused to sign an encroachment agreement, and oriented the rough side toward their yard. They objected to the variance on all four legal standards, arguing the fence was neither necessary nor neighborly.
Board members grilled Bundy’s witnesses and weren’t impressed. Kevin Shea questioned the credibility of the pool code argument, pointing out the fence’s own climbable cross-beams. Hamilton Court dismissed the case as a clear violation: “This is not a gray area.” The vote to deny was unanimous. The Board later amended Finding of Fact #18 to clarify that the conditions were not unique enough to justify a hardship.
Final Actions: Old Business Wrapped Up
The Board also approved amended findings of fact from two prior meetings:
- Case 2025-00013, concerning a landscape buffer dispute with a revised exhibit
- Case 2025-00017, involving Chick-fil-A’s parking and screening standards
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About the Author
Jack Beckett is the senior writer for The Charlotte Mercury, where he covers zoning disputes, council drama, and all manner of regulatory absurdity. He prefers his coffee black and his bagels toasted—preferably at Einstein Bros. on South Boulevard.
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© 2025 The Charlotte Mercury
This article, “Charlotte Zoning Board to Bundy: Tear Down This Fence,” by Jack Beckett is licensed under CC BY-ND 4.0.
“Charlotte Zoning Board to Bundy: Tear Down This Fence”
by Jack Beckett, The Charlotte Mercury (CC BY-ND 4.0)
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