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Board approves variance to build house at rear of 215 Pickett Circle after septic constraints
Summary
The Board of Adjustment and Planning approved a variance from the local build-to-line standard so a developer may construct a single-family house toward the rear of a 0.49-acre lot at 215 Pickett Circle; staff and environmental-health reports said poor soils and a required septic drain field in the front created the hardship.
The Indian Trail Board of Adjustment and Planning approved a variance allowing a new single-family house to be built toward the rear of 215 Pickett Circle after staff and technical reports said poor soils and septic constraints left no viable alternative layout for the septic drain field.
Town staff introduced Variance 2024-0129 and said the lot is a 0.49-acre vacant parcel in the Valley Estates subdivision zoned SF-1. Planner Jose Pena described the conflict with the town's Unified Development Ordinance build-to-line standard (UDO Sec. 1310.010.c), which expects new houses in established neighborhoods to align with an established "build to" line formed by neighboring homes. "The applicant seeks relief from the build to line standard to build a house towards rear of site," Pena said, adding the average existing front setback on nearby homes is about 45 feet while the applicant's proposed front setback was 80 feet.
Staff and the applicant said the lot requires a septic system and Union County Environmental Health verified soil testing and a septic design showing the drain field can only be located in the front area of the lot. Pena described three supporting arguments submitted by the applicant: lack of public sewer (septic required), soil conditions requiring the drain field to be at the front, and a site layout that cannot be reconfigured without rendering the lot unbuildable.
The applicant, Linda Fragosa, said the septic constraint was the reason for the proposed layout and that she would follow the conditions recommended by staff. "If we were able to stay within the setbacks, we would gladly do it, but it's just because of the septic. That's the only reason we have to put it a little bit towards the back," Fragosa said.
A neighboring resident, Deborah Presley, testified that the lot had long-standing septic issues and said she is concerned about dust and health impacts from excavation; staff said long-term maintenance and construction impacts are regulated by Union County Environmental Health and that the town enforces erosion-and-sediment controls during construction. Presley also urged the town to consider extending sewer service to the area; staff replied that sewer extensions are developer-funded and often infeasible for isolated lots.
Staff recommended approval with conditions to protect the septic field, including installation of protective features such as fencing or landscaping around the drain field, submittal of revised plans showing landscaping/protective features, and the requirement that final surveys show septic component locations. During deliberation board members noted the variance met the five statutory findings required for a variance because the hardship resulted from site-specific soil and utility conditions rather than actions by the property owner. The board voted to find the five standards were satisfied and then approved the variance application with staff-recommended conditions. Staff will draft a written decision; parties have 30 days to appeal.
