Lansdowne neighbors sue to block new triplex
South Charlotte neighborhoods are seeking ways to prevent higher-density housing in light of new development rules
The following article appeared in the May 1, 2024, edition of The Charlotte Ledger, an e-newsletter with smart and original local news for Charlotte. We offer free and paid subscription plans. More info here.
Lawsuit targets developer that’s building triplexes across the city; disputes view that 1950s deed restrictions are ‘unenforceable’
Developer Aspen City Homes wants to build a triplex on a vacant lot in the Lansdowne neighborhood under Charlotte’s new development rules (left), but neighbors are suing to block the plans. They’re also mobilizing to renew deed restrictions (right) that could prevent future construction that the neighborhood doesn’t want.
by Tony Mecia
Residents in the Lansdowne neighborhood of south Charlotte have filed a lawsuit against the developer of a planned triplex, saying it’s not allowed because of deed restrictions on the property.
It is believed to be the first lawsuit contesting the legality of building a triplex since Charlotte’s new triplex-friendly development rules took effect last June.
The suit comes as several neighborhoods in Charlotte are grappling with how to prevent the construction of higher-density housing on neighborhood streets, which some residents say creates problems with traffic and infrastructure.
Under new development rules that took effect last summer, duplexes and triplexes are allowed to be built in residential neighborhoods, even in those that previously were exclusively single-family houses. It’s part of a city effort to encourage the construction of more housing to alleviate rising home prices.
But those more dense structures can’t be built if restrictions in mortgage documents forbid it. The Ledger reported last month that many neighborhoods are examining how to impose or re-institute deed restrictions to prevent unwanted construction of triplexes and other forms of development some residents consider undesirable.
Eastover and Myers Park have hired a Raleigh lobbyist to try to change state law. Other neighborhoods are weighing legal options. At the same time, the city of Charlotte’s planning department is re-examining rules on triplexes and has proposed banning them again on neighborhood streets mid-block, though they would still be allowed on corner lots.