Agenda - 01-23-2014 - 5a - Laserfiche WebLink

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Article 2: Procedures 12 Section 2.10: Variances (2) A description of the specific modification sought by the applicant. For example, if the request is for a modification of a corner lot setback requirement, the applicant shall provide the exact reduction of the established corner lot setback requested as part of the application, (3) A plot plan, site plan, or other similar document(s)denoting the physical impact of the proposed request on the parcel, (4) A narrative outlining the answers to the five required findings detailed within Section 2.10.3 of the Ordinance justifying the issuance of the variance, and (5) Copies of any additional information deemed essential by the applicant justifying the approval of the request. 2.10.3 Authorized Variances A variance may be approved by the Board of Adjustment in cases involving where astical difficulties or unnecessary hardships would result from carrying out the strict letter of the Ordinance,when substantial evidence in the official record of the application supports all of the following findings: (A) The alleged hardships or practical difficulties are unique and singular to the-pr-epeFtsof the applicant and arc not suffered in common with other property similarly locatedUnnecessary hardship would result from the strict application of the Ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. {B) The alleged hardships and practical difficulties that would result from failure to grant the variance extend to the inability-to- se the land in question for any reasonable use in -- - •• - - - - - £ - - -- - - - -- - - - etho mere inconvenience and inability to attain a higher financial return.2 {e-}(B) The hardship results from conditions that are preculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or general public, may riot be the basis for granting a variance. The variance, if approved, will not substantially interfere with or injure the rights of others whose property would be affected by approval of the variance. {0)(C) The variance is in harmony with and serves the general intent and purpose of this Ordinance and the adopted Comprehensive PlanThe hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not �� be regarded as a self-created hardship.•�L.1_` ee - - _ - -- - --- - • - - -- -- •Jering both the --. _ _--- - _ . .. -_ . e _ -- -*e •- • _• -al hardships that - - - - - - - •- _-- - - '- - ---- _ _ _ - - aThe requested variance is consistent with the spirit, purpose, and intent of the Ordinance, such that public safety is secured and substantial justice is achieved.3 2 Recent revisions to State Law include language indicating it shall: `not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property'. As a result we can no longer have such language in the UDO to the contrary. 3 Portions of existing subsections(D)and(E)have been combined to reflect wording changes in State law with respect to the required findings for the granting of a variance. Staff has modified this entire section to ensure required findings are consistent with new language in State law. Orange County,North Carolina—Unified Development Ordinance Page 2-31