TO: Zoning Commission Members
THRU: Jennifer Baptiste, Planning & Zoning Division Manager
FROM: Mikayla Layral - Planner II
DATE: November 10, 2026
RE:Title
NOA26-02: Order to Affirm a Decision: Notice of Appeal regarding the revocation of building, electrical, mechanical, and plumbing permits for property located at 4431 Bragg Boulevard (REID # 0418553607000), owned by 4311 Bragg, LLCTitle
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COUNCIL DISTRICT(S):
Council District(s)
9 - Councilman Hondros
b
Relationship To Strategic Plan:
Executive Summary:
The applicant has filed a Notice of Appeal concerning the City’s revocation of building, electrical, mechanical, and plumbing permits associated with Project No. 1887777 at 4431 Bragg Boulevard.
The appeal also challenges four additional permits issued and revoked by the City. The applicant alleges that these permits were created without the owner’s application or consent and argues that their issuance either improperly affected the pending appeal of the original permits or constituted a new development approval.
On August 11, 2026, the Zoning Commission held an evidentiary hearing regarding the appeal. After receiving testimony and evidence presented at the hearing, the Commission voted 3-1 on a motion to Affirm the Decision, upholding the City’s revocation of the building, electrical, mechanical, and plumbing permits associated with Project No. 1887777, including the permits revoked on April 9 and June 1, 2026.
The initial Order to Affirm was submitted and reviewed by the Zoning Commission during the October 13, 2026, meeting. At which time, the Commission empowered Chairman Herbe to work with Attorney Nick Tosco to prepare a final draft.
Background:
Owners: 4311 BRAGG, LLC
Applicant: Charles Smith, Anderson, Johnson, Lawrence & Butler, LLP
Requested Action: Notice of Appeal
REID #: 0418553607000
Council District: 9 - Hondros
Status of Properties: Vacant Commercial
Size: 2.01 acres ±
Adjoining Land Use and Zoning:
North: CC - Commercial
South: CC - Commercial
East: CC - Commercial
West: CC - Commercial
Issues/Analysis:
Budget Impact:
Options:
1. Approve the drafted Order to Affirm a Decision as presented.
2. Approve the Order to Affirm a Decision with revisions.
Recommended Action::Recommended Action
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Attachments:
Final Order to Affirm a Decision for Notice of Appeal
Aerial Notification Map
Subject Property Photo
Application - Notice of Appeal
Motion to Disqualify + Exhibits
City's Appeal Response
Administrative Record