TO: Zoning Commission Members
THRU: Jennifer Baptiste, Planning & Zoning Division Manager
FROM: Craig Harmon, Senior Planner
DATE: August 11, 2026
RE:Title
NOA26-02. 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 - Hondros
b
Relationship To Strategic Plan:
1. Economic and Strategic Growth: A clear determination regarding the property’s legal nonconforming-use status and permit eligibility may support continued private investment, business activity, and productive reuse along the Bragg Boulevard corridor.
2. Neighborhood and Corridor Revitalization: Completion of the repairs required by the City’s Housing and Code Enforcement order could improve the condition of the property, reduce deterioration, and contribute to broader revitalization efforts.
3. Exemplary and Sustainable Public Services: The case emphasizes the importance of coordinated, accurate, and consistent decisions among Code Enforcement, Permitting and Inspections, Planning and Zoning, and the City Attorney’s Office. This supports the City’s mission to provide high-quality and sustainable public services.
4. Transparency and Public Trust: Providing a complete administrative record and a fair, clearly documented appeal process supports the City’s values of responsibility, ethics, stewardship, and professionalism while helping safeguard public trust in City government.
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 applicant contends that the property retains a lawful nonconforming commercial use under Article 30-7 of the Unified Development Ordinance and disputes that the use was abandoned or discontinued for more than 365 consecutive days. The application further states that the permitted repairs were intended to comply with a Housing and Code Enforcement order requiring the structure to be repaired within 180 days.
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.
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:
The applicant filed a Notice of Appeal concerning the revocation of building, electrical, mechanical, and plumbing permits associated with Project No. 1887777 at 4431 Bragg Boulevard. The application states that the original permits-BLDG-2026-00350, ELEC-2026-00552, MECH-2026-07334, and PLMB-2026-00378-were issued by April 8, 2026, revoked on April 9, 2026, and appealed on April 16, 2026. The City’s revocation notice states that all permits associated with the property and project were revoked pursuant to North Carolina General Statutes §§ 160D-1104 and 160D-1115.
The applicant states that the City identified the underlying commercial use as prohibited within the Community Commercial zoning district under UDO Table 30-4.A.2. The applicant maintains that the use was legally established before the current zoning restrictions and continues to qualify as a lawful nonconforming use under UDO Article 30-7. The applicant also denies that the use was abandoned or discontinued for a continuous period of 365 days and states that records exist documenting the continued maintenance of the nonconforming-use status.
The application states that the proposed structural and trade work was intended to comply with a February 13, 2026, Housing and Code Enforcement order requiring repairs to the structure within 180 days. The City’s revocation notice states that a permit may be revoked for a substantial departure from approved plans, failure to comply with applicable State or local laws, false statements or misrepresentations made in securing the permit, or when a permit was mistakenly issued in violation of applicable law. The notice made the revocation effective immediately and stated that further work under the revoked permits could result in violations and additional action.
The applicant also challenges four permits issued and revoked on June 1, 2026: BLDG-2026-00526, ELEC-2026-00933, MECH-2026-07673, and PLMB-2026-00549. The application states that these permits were issued and revoked even though the owner did not apply for, pay for, or consent to their creation.
Budget Impact:
No direct budget impact is identified in the application or revocation notice.
Options:
• Affirm the Decision: Uphold 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.
• Reverse the Decision: Reverse the City’s revocation of the permits and direct that the permits affected by the appeal be recognized as valid, consistent with the Commission’s findings of fact and conclusions of law.
• Affirm in Part and Reverse in Part: Uphold the revocation of certain permits or administrative actions while reversing the revocation of others, with the Commission identifying each permit and the basis for its decision.
• Modify the Decision: Modify the appealed decision and issue an order specifying which permits or actions are affected and what further administrative steps are required based on the evidence presented.
Recommended Action::Recommended Action
Affirm the Decision
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Attachments:
EX. A - Aerial Notification Map
EX. A - Subject Property Photo
EX. B - Application - Notice of Appeal
EX. C - Motion to Disqualify + Exhibits
EX. D - City's Appeal Response
EX. D - Administrative Record