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I <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 diffeent <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 otheprs, <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: A minor variance request pertains to activities that are <br /> proposed only to impact any portion of Zone 2 of the riparian buffer. Minor <br /> variance requests shall be reviewed and approved based on the criteria in Section <br /> 4.D.1 by the County pursuant to either G.S. 153A-Article 18, or G.S. 160A- <br /> Article 19. The County may attach conditions to the variance approval that <br /> support the purpose, spirit and intent of the riparian buffer protection program. <br /> Request for appeals made by the County shall be made to the appropriate Boa d <br /> of Adjustment under G.S. 160A-388 or G.S. 153A-345. <br /> 3. Major Variances: A major variance request pertains to activities that are li <br /> proposed to impact any portion of Zone 1 or any portion of both Zones 1 and 2 of <br /> the riparian buffer. If the County has determined that a major variance request <br /> meets the requirements in Section 4.D.1,then it shall prepare a preliminary <br /> finding and submit it to the Commission. Preliminary findings on major varia ice <br /> requests shall be reviewed by the Commission within 90 days after receipt by he <br /> Director. Requests for appeals of determinations that the requirements of Section <br /> 4.D.1 have not been met shall be made to the Office of Administrative Hearings <br /> for determinations made by the Division or the appropriate Board of Adjustments <br /> under G.S. 160A-388 or G.S. 153A-345 for determinations made by the delegated <br /> local authority. The purpose of the Commission's review is to determine if it <br /> agrees that the requirements in Section 4.D.1 have been met. Requests for appeals <br /> of decisions made by the Commission shall be made to the Office of <br /> Administrative Hearings. The following actions shall be taken depending on the <br /> Commission's decision on the major variance request: <br /> a) Upon the Commission's approval,the County shall issue a final <br /> decision granting the major variance. <br /> b) Upon the Commission's approval with conditions or stipulations,tl e <br /> 20 <br /> III <br /> • I <br />