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other hardship. <br />(3) The hardship is due to the physical nature of the applicant's <br />property, such as its size, shape, or topography, which is different <br />from that of neighboring property. <br />(4) The applicant did not cause the hardship by knowingly or <br />unknowingly violating this Rule. <br />(5) The applicant did not purchase the property after the effective <br />date of this Rule, and then requesting an appeal. <br />(6) The hardship is unique to the applicant's property, rather than <br />the result of conditions that are widespread. If other properties are <br />equally subject to the hardship created in the restriction, then <br />granting a variance would be a special privilege denied to others, <br />and would not promote equal justice. <br />(7) The variance is in harmony with the general purpose and intent <br />of the State's riparian buffer protection requirements and preserves <br />its spirit; and <br />(8) In granting the variance, the public safety and welfare have <br />been assured., water quality has been protected, and substantial <br />justice has been done. <br />2. Minor Variances <br />A minor variance request pertains to activities that are proposed only to impact <br />any portion of Zone 2 of the riparian buffer. Minor variance requests shall be <br />reviewed and approved based on the criteria in Section 4.D.1 by the County <br />pursuant to either G.S. 153A- Article 18, or G.S. 160A- Article 19. The County <br />may attach conditions to the variance approval that support the purpose, spirit and <br />intent of the riparian buffer protection program. Requests for appeals of decisions <br />made by the County shall be made to the appropriate Board of Adjustment under <br />G.S. 160A -388 or G.S. 153A -345. <br />3. Major Variances <br />A major variance request pertains to activities that are proposed to impact any <br />portion of Zone 1 or any portion of both Zones 1 and 2 of the riparian buffer. If <br />the County has determined that a major variance request meets the requirements <br />in Section 4.D.1, then it shall prepare a preliminary finding and submit it to the <br />Commission. Preliminary findings on major variance requests shall be reviewed <br />by the Commission within 90 days after receipt by the Director. Requests for <br />appeals of determinations that the requirements of Section 4.D.1 have not been <br />met shall be made to the Office of Administrative Hearings for determinations <br />made by the Division or the appropriate Board of Adjustments under G.S. 160A- <br />388 or G.S. 153A -345 for determinations made by the delegated local authority. <br />The purpose of the Commission's review is to determine if it agrees that the <br />requirements in Section 4.1).1 have been met. Requests for appeals of decisions <br />made by the Commission shall be made to the Office of Administrative Hearings. <br />The following actions shall be taken depending on the Commission's decision on <br />the major variance request: <br />20 <br />