Land Use & Zoning Results

The attorneys at The Odom Firm, PLLC are proud of what we have been able to accomplish for our clients and their families. Please remember that these cases and the results achieved were based on many factors and results differ from case to case, depending on the circumstances particular to each situation.

Ed's Tavern
ed's tavern zoning the odom firm

Obtained a decision from the Mecklenburg County Superior Court reversing the decision made by the City of Charlotte Zoning Board of Adjustment. The Court held that a new addition constructed on the rear of the historic restaurant building was in compliance with the City’s ordinance and did not violate outdoor entertainment regulations. Thereafter, on appeal of a noise violation, issued by the Charlotte Mecklenburg Police Department, obtained a decision from the City Manager’s office dismissing the noise violation. Appeal - July 2018, Noise Violation - January 2019. Attorney David Murray. Full Story Here.

Cotswold
Cotswold

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.

Lake Norman Driveway, Cornelius
Lake Norman Driveway, Cor…

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

Dumpster Dispute
Dumpster Dispute

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

Eastway Wrecker Service
Eastway Wrecker Service

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

New Homes in Huntersville
New Homes in Huntersville

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

Full Story Here.
Grover Business
Grover Business

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

Client Testimonial

"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

Dog Grooming in South End
Dog Grooming in South End

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

Country Club Heights Neighborhood
Country Club Heights Neig…

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

Providence Plantation
Providence Plantation

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

Belmont Neighborhood
Belmont Neighborhood

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

Elizabeth Neighborhood
Elizabeth Neighborhood

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

New House in Plaza Midwood
New House in Plaza Midwoo…

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

Wessex Square Neighborhood
Wessex Square Neighborhoo…

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

Sharon Avenue
Sharon Avenue

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

Barclay Downs
Barclay Downs

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

Dryland Access in Myers Park
Dryland Access in Myers…

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

Myers Park, Pappas Home
Myers Park, Pappas Home

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

Myers Park
Myers Park

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

Wallace Farm
Wallace Farm

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

Graham Street, Charlotte
Graham Street, Charlotte

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.

Country Club Heights Neighborhood
Country Club Heights Neig…

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

Convenience Store Gas Station Rezoning
Convenience Store Gas Sta…

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

“Sweepstakes” Retail Business
“Sweepstakes” Retail…

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

Rezoning in Thomasboro Neighborhood
Rezoning in Thomasboro Ne…

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

Elizabeth Lane, Matthews
Elizabeth Lane, Matthews

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

Lansdowne
Lansdowne

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

Providence Plantation
Providence Plantation

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

Plaza Midwood
Plaza Midwood

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

Historic West End
Historic West End

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

Mountain Island Lake
Mountain Island Lake

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

Providence Park
Providence Park

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

Freedom Park
Freedom Park

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

Rezoning in Derita Neighborhood
Rezoning in Derita Neighb…

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

Gover Business
Gover Business

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

Rezoning on Commonwealth Ave
Rezoning on Commonwealth…

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

Variance to Allow Subdivision of Lots in Plaza Midwood
Variance to Allow Subdivi…

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

These are partial lists and do not constitute a promise of any kind. Please remember that these cases and the results achieved were based on many factors and results differ from case to case, depending on the circumstances particular to each situation. The outcome of a particular case cannot be predicated upon an attorney's or a law firm's past results. Our past successes should not be construed as a representation that we will be successful with any particular case in the future, and not every case in which we have been involved has resulted in a favorable outcome.