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

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Article 2: Procedures 16 Section 2.10:Variances (c) The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography, which is different from that of neighboring property. (d) The applicant did not cause the hardship by knowingly or unknowingly violating the stream buffer requirements. (e) The applicant did not purchase the property after the effective date of the stream buffer requirements, and then request a variance. (f) The hardship is unique to the applicant's property, rather than the result of conditions that are widespread. (i) If other properties are equally subject to the hardship created in the restriction,then granting a variance would be a special privilege denied to others, and would not promote equal justice. (g) The variance is in harmony with the general purpose and intent of the State's riparian buffer protection requirements and preserves its spirit; and (h) In granting the variance, the public safety and welfare have been assured, water quality has been protected, and substantial justice has been done. (B) If the Erosion Control Officer determines that a variance request meets the requirements in (A)above,then he/she shall prepare a preliminary finding and submit iit to the State's Environmental Management Commission. (C) Preliminary findings on variance requests sent to the State's Environmental Management Commission shall be reviewed by said Commission within 90 days after receipt by the Director of the Environmental Management Commission. (D) The purpose of the State Environmental Management Commission's review is to determine if it agrees with the Erosion Control Officer's findings regarding whether that the requirements in subsection (A) have been met. (E) The following actions shall be taken depending on the State Environmental Management Commission's decision on the variance request: (a) Upon the State Environmental Management Commission's approval, the Erosion Control Officer shall issue a final decision granting the variance. (b) Upon the State Environmental Management Commission's approval with conditions or stipulations, the Erosion Control Officer shall issue a final decision, which includes these conditions or stipulations. (c) Upon the State Environmental Management Commission's denial, the Erosion Control Officer shall issue a final decision denying the variance. (F) Requests for appeals of determinations made by the State's Environmental Management Commission that the requirements of subsection (A) have not been met shall be made to the State's Office of Administrative Hearings. 2.10.7 Unauthorized Variances (A) Other than stream buffer variances outside of the first 50-feet from the centerline of a stream, the Board of Adjustment is not authorized to grant variances to any of the standards of: (1) Article 7-Subdivision Design and Improvements, (2) Section 6.15 -Erosion and Sedimentation Control, (3) Section 6.14-Stormwater Management, and (4) Section 6.16-Environmental Impact Reports Orange County,North Carolina—Unified Development Ordinance Page 2-35