Planning board approves Habitat for Humanity variances to build two Venus Lane homes, requires federal/state permits and mitigation

The Huntersville Planning Board voted April 28 to approve two variance requests from Habitat for Humanity of the Charlotte region that will allow the nonprofit to build single-family homes on two constrained parcels on Venus Lane by relocating stream segments, modifying front setbacks and permitting limited disturbance within regulated buffer areas.

Planning staff presented two separate petitions (V2601 for 7409 Venus Lane and V2602 for 7415 Venus Lane). Staff said both parcels are affected by the Mountain Island Lake protected-area watershed rules, which impose a 50-foot buffer on either side of streams and limit built-upon area in order to protect drinking-water quality. For the first parcel (V2601), staff said the stream buffer consumes most of the lot and that, without relief, a new home could not be sited on the combined parcel. Staff recommended approval only with conditions including level-two revegetation/mitigation per Charlotte-Mecklenburg water-quality buffer guidelines, approved Clean Water Act section 401 and 404 permits, a survey delineating the relocated stream and buffer provided to future owners (and recorded with the register of deeds if accepted), and a condition that no additional built-upon area be allowed after the first house is built.

Testimony noted that the buffer regulations took effect in the early 1990s and that the subdivision dates from 1963; several board members questioned whether the hardship was self-created and whether approval would create a precedent for other lots. Staff responded that the hardship is tied to the later application of current buffer rules, the unique lot configuration and that other lots in the subdivision could still be developed without variances; Army Corps of Engineers and county engineering review will evaluate environmental impacts through the federal permitting process.

Ryan Pal, land entitlement manager for Habitat for Humanity of the Charlotte region, said the Venus Lane parcels are part of a coordinated development plan and that the organization is funding road and utility infrastructure to serve the street. Staff and the applicant said they are pursuing required permits with the Army Corps and state agencies and agreed to record or otherwise provide the stream delineation survey to future owners.

After extended deliberation on the legal standards for variances and on environmental safeguards, the board voted to approve V2601 and V2602, each motion incorporating staff findings of fact and the staff-recommended conditions. The transcript records that each approval passed with one member opposed.

Key meeting excerpts include staff's explanation that "the relocation of the stream and mitigation per the level two requirements of the Charlotte Mecklenburg water quality buffer implementation guidelines" and the condition that "there is no new builtupon area allowed after the first home build." The board directed staff to prepare written decisions reflecting the conditions and to record the official orders.

Next steps: the applicant must obtain Clean Water Act section 401 and 404 permits, complete required revegetation and mitigation, provide (and if accepted record) the survey delineating the relocated stream and buffer, and comply with the no-new-built-upon-area condition for any further development on the combined lots.