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021 <br /> (2) The hardship results from application of this Ordinance to the <br /> property rather than from other factors such as deed restrictions or <br /> 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 Ordinance. <br /> (5) The applicant did not purchase the property after the effee4ive <br /> date of this July 22, 1997, and then requesting meal a <br /> variance. <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 4.13.1 by the County <br /> pursuant to either G.S. 153A-Article 18, or-G.S. 160A A14iele 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 er-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 I 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.I 4.E.1,then it shall prepare a preliminary finding and submit it to <br /> the Gem missienr Water QualAy Committee of the Environmental Management <br /> Commission. Pr-eliminaff f4adiegs an J . ee r-equests shall be f-evie <br /> by the GewA:nissieff w444a 90 days after-meeipt by the Dir-eeter-. Reques4s fe.- <br /> appeals ef detet:minmiens thm the fequif emefAs of Seatien 4.D.1 have not been <br /> met sha4l be ffiade te the Offiee of Administfafi;ve Heafings for-de4efmiaatien <br /> ffiade b y the D iA si off or-the appropriate B a af 4 a f Adjust-m-le-n-s-s 4 ffia a er-Q 9. 160A <br /> 388 or-G.S. 153A 345 &r-detem9nations made by the delegated leeal au4hefity- <br /> The purpose of the Gemmissie . Water Quality Committee's review is to <br /> 15 <br />