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Planning board approves 2‑foot front‑setback variance for Sawtimber Court property

Huntersville Planning Board · November 19, 2025
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Summary

The board approved variance V‑25‑01 to legalize a two‑foot encroachment into the recorded front setback at 10302 Sawtimber Court after staff found the four required variance findings met; staff said the issue stems from a curving right‑of‑way and a historical plat measurement discrepancy.

The Huntersville Planning Board voted to approve a zoning variance allowing a two‑foot encroachment into the required 30‑foot front setback for a home at 10302 Sawtimber Court.

Staff presented the quasi‑judicial case (V‑25‑01) for Sean and Anna Townsend and explained the house, built in 1998, occupies a location where the recorded subdivision plat and the curved public right‑of‑way produce a measurement discrepancy. Staff reported the applicants discovered the issue when they obtained a survey during their March 2025 purchase. Because removing the existing garage or altering foundation would constitute substantial hardship for a nearly 30‑year‑old structure, staff recommended approval after concluding that all four statutory variance findings were met: (1) unnecessary hardship would result from strict application, (2) the hardship results from conditions peculiar to the property (plat/right‑of‑way curvature), (3) the hardship did not result from actions of the current applicants, and (4) the variance is consistent with the spirit and intent of the ordinance.

Anna Townsend testified she purchased the home in March and had the survey performed; she said the encroachment was discovered then and requested relief to resolve the title/permitting issue going forward. The board deliberated, adopted staff’s findings of fact and approved the variance. The evidentiary hearing remained open for clarifying questions only; the motion passed and the meeting adjourned.