Land Use & Zoning Results

Obtained a zoning verification letter after an appeal of a notice of violation alleging that the finished space over a detached garage was an impermissible accessory dwelling unit. The finished space was determined to be permitted after the survey and review by attorney David Murray revealed that the City misunderstood the lot lines for the property. April 2019. Obtained a second zoning verification letter after zoning administrator adopted David Murray's interpretation of a 2004 variance that was granted for a common area wall which allowed the height to be increased behind owner's property without needing further zoning approvals. February 2020.

Obtained a 4.97% watershed buffer variance for property owned by SMDA Development and Foxcroft Equity to allow for the construction of a driveway to a new home on a lakefront lot. July 2019. Obtained a second 4.97% watershed buffer variance for a revised driveway. September 2020. Attorney David Murray

Obtained a decision from the North Carolina Court of Appeals in NCJS, LLC and James H. Plyler v. City of Charlotte, reversing the City of Charlotte Zoning Board of Adjustment and reversing the Mecklenburg County Superior Court, which held that the dumpsters on the industrial property owned by NCJS did not require screening under the City’s zoning ordinance. Costs for the ZBA and superior court hearing transcripts were reimbursed by the City as a result of the Court of Appeals decision. August 15, 2017. Attorney David Murray

Obtained a decision from the City of Charlotte Zoning Board of Adjustment which reversed the zoning administrator’s determination that a wrecker service with outside storage was illegally operating a junkyard. The junkyard use was found by the Board to be legal and conforming with the zoning ordinance and could continue and the notice of violation was invalid. December 31, 2011. Attorney David Murray

Obtained a decision from the Mecklenburg County Superior Court reversing the decision made by the Town of Huntersville Zoning Board of Adjustment. The Court held that a variance was appropriate to allow three homes that were built out of zoning side yard compliance in reliance upon a valid survey to remain on three lots. June 2019. Attorney David Murray

Obtained a decision from the North Carolina Court of Appeals in Gieseking v. Town of Grover, reversing the Town of Grover Zoning Board of Adjustment and the Cleveland County Superior Court, which held that the video gaming business was entitled to the issuance of a conditional use permit. November 2018. Attorney David Murray

"I just feel that it is necessary to give credit where Credit is due. Yesterday David [Murray] represented us in a hearing in Cleveland County and it was obvious to me that they were about to hang me out to dry without even acknowledging that David was there. He did however takeover the situation immediately and took charge within a matter of minutes. The board chair was extremely irritated and tried many times to 'ruffle' David’s feathers without success. I just want you guys to know his performance was outstanding and without fault. Phillip and I both are extremely happy with the way your firm has handled our case both personally and professionally. If David had not been there yesterday I would not have received my permit. After the meeting Attorney David Teddy from Cleveland County followed me to the Atrium and said he just had to say… 'Good Work' you guys came in with a plan today and it worked. And he too complimented David’s work. So with all that being said we would like to thank you guys for helping us. I’m glad to know we have somewhere to go in the future if this is ever a problem again" - T. Caldwell, Client

Obtained a variance for 181’ reduction from the 300’ required separation from an outdoor pet service use and a residential use in South End for Club Fetch. January 30, 2018. Attorney David Murray

Obtained a variance for a 4’ reduction from the required 10’ street side yard to allow a new second story addition to be built over a legally non-conforming portion of the existing structure in Plaza-Midwood for the Sedgwick family. January 30, 2018. Attorney David Murray

Obtained a variance for a 17’ reduction from the required 45’ rear yard to allow for an existing garage structure to remain in Providence Plantation for the Cobb family. January 30, 2018. Attorney David Murray

Obtained two variances for a 10’ reduction from the required 20’ setback along the street and a 15’ reduction from the required 20’ rear yard to allow for construction of a new house in the Belmont neighborhood for a family trust. November 28, 2017. Attorney David Murray

Obtained a 3.1’ variance from the required 5’ side yard to allow for a bathroom addition to an existing house in the Elizabeth neighborhood for the homeowner. October 31, 2017. Attorney David Murray

Obtained two variances for a 12’ reduction from the required 20’ setback along the street and a 24’ reduction from the required 35’ rear yard to allow for the construction of a new house in Plaza Midwood for a homebuilder. October 25, 2016. Attorney David Murray

Obtained a 2.6’ variance from the required 5’ side yard to allow an existing bay window on the house to remain within the required side yard for the Lewis family. June 28, 2016. Attorney David Murray

Obtained a 9’ variance from the required 45’ rear yard to allow a portion of the existing home constructed in 2004 to remain within the required rear yard for the Crosland family. June 28, 2016. Attorney David Murray

Obtained a 9’ variance from the required 45’ rear yard to allow for an existing house to remain in Barclay Downs for the Thomas family. April 29, 2014. Attorney David Murray

Obtained a resolution of a dispute with the County prior to the variance hearing regarding required dryland access which allowed for construction of a residence on a lot that was within the flood zone and did not have dryland access in Myers Park. February 23, 2016. Attorney David Murray

Obtained a 10’ variance from the required 45’ minimum rear yard to allow the construction of a second-floor addition to the existing nonconforming single-family structure in Myers Park for the Pappas family. April 28, 2015. Attorney David Murray

Obtained an administrative deviation from the zoning administrator of .2’ and .9’ into the side and rear yards to allow the eaves/gutters of an existing detached garage to remain in Myers Park for the Kostiw family. July 15, 2014. Attorney David Murray

Obtained a decision from the City of Charlotte Zoning Board of Adjustment which reversed the zoning administrator’s determination that a composting operation at Wallace Farm was not permitted in a residential zoned district as a legally non-conforming use. The composting use was found by the Board to be legally non-conforming and could continue and the notice of violation was invalid. 2006

Obtained a zoning verification letter from the zoning administrator after an appeal of a notice of violation alleging that screening and fencing was required at the industrial property on Graham Street in Charlotte at Joey’s Truck Repair. The property was determined to be legally non-conforming and the notice of violation was withdrawn with a full reimbursement of the filing fee to the property owner. Attorney David Murray

Obtained a 28’ variance from the 45’ required rear yard to allow for an expansion of the existing home along the established rear building line which is 17’ from the rear property line and to allow for the relocation of HVAC system within the proposed required rear yard in Plaza-Midwood for the Firenze family. October 27, 2015. Attorney David Murray

Obtained a rezoning of property in Mecklenburg County from residential to neighborhood services to allow for client to build a convenience store gas station without parcels for fast food restaurant and retain buildings. 2015. Attorney David Murray

Obtained a conditional use permit from the Cleveland County Board of Commissioners to allow the operation of a “sweepstakes” retail business in Kings Mountain, NC. March 15, 2010. Attorney David Murray

Obtained a rezoning from B-1 to BD (CD) for
operation of an eggroll preparation business expansion in existing warehouse. 2018. Attorney David Murray

Obtained a 1.5' variance to allow existing house
to remain in existing footprint in Matthews
subdivision. 2018. Attorney David Murray

Obtained a dryland access variance from Floodplain Regulations to allow for the construction of a new house and demolition of an existing house thereafter. June 2018. Attorney David Murray

Obtained a variance to allow the existing swimming pool to remain within the setback. July 2018. Attorney David Murray

Obtained a variance to allow subdivision of a single-family residence and a duplex residence that were located on the same lot. December 2018. Attorney David Murray

Obtained 20’ rear and side yard variance to allow for the construction of a house on an unusually small lot. December 2018. Attorney David Murray

Obtained a 50’ watershed buffer variance to allow for the construction of a new home on a lakefront lot. March 2019. Attorney David Murray

Obtained a 6’ variance to allow for the conversion of a carport into an enclosed, heated space to the rear of an existing house. August 2019. Attorney David Murray

Obtained a 15’ variance to allow for a second story addition to be built over an existing house.
August 2019. Attorney David Murray

Obtained a rezoning from R-3 to Institutional for a wedding venue and a rear yard variance to allow existing storage structure to remain.
Variance - December 2018 & Rezoning - April 2019. Attorney David Murray

Obtained a conditional use permit from the Town of Grover Zoning Board of Adjustment for the operation of a video gaming business. April 2019. Attorney David Murray

Obtained a rezoning from R-5 to R-8 to allow existing duplex to remain and a single family lot to be subdivided on rear of existing lot, to match small single family lot across the street. June 22, 2020. Attorney David Murray

Obtained a variance to allow a lot that contained an existing duplex and an existing single family house to be subdivided to create separate lots. Also assisted the owner in re-establishing a third lot from the original unified lot for a new duplex. One lot is now three lots. December 11, 2018. Attorney David Murray

Under threat of litigation, Attorney David Murray secured removal of a zoning/permit hold which had been placed by the Town of Matthews in 2006 on a new house that was built on an illegally subdivided lot. The owners had been assured by the developer that the subdivision issue would be resolved, but for years the developer was unsuccessful. The zoning hold prevented the widowed homeowner from selling the property. Using a novel argument based upon the newly enacted 5 & 7-year zoning statutes of limitation for enforcement of subdivision ordinance violations, Attorney Murray challenged the Town's enforcement of the hold and obtained an agreement by the Town to remove the hold. January 22, 2021.