Agenda - 03-06-2014 - 6f - Laserfiche WebLink

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Article 2: Procedures 7 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 iRVG!Vi 4g-where praE4iEa1 diff'G611tiGS eeF.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 applicant @Rd o net suffered in With ether nrenerty SiMilorly leeated'Unnecessary 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. (6) The alleged hardships and pFaGtiGal diffiGulties that would result frem failuFe to gFaRt the G9RfGFR`IitY with the PFE)ViSiGHS of this QFdinaRGe and iRGl6ide substantially rn()Fe thaR mere z JP(B) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or general Public, may not be the basis for granting a variance. The vaFiaRee, if appFe„er, will net substantially iRterfere with eF injure the rights Gf etheFs whose pF-,-,t, be affeGted /�� by a el of the y D)(v� The vaFiaRGe is in h2FR`19RY with and serves the geReFal intent and puFlaose ef this QFdinanGe and the adented Comprehensive olr nThe 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. LQL_AppFeving the VaFi@RGe Will FeGWlt in substantial jUlSt'Ge being done, GensideFiRg beth the publiG benefits intended tG be SeGUred by this QFdiRaRGe and the individual hardships that will he suffered by a failure of the Beard of Adjustment toe ant 2 ^°The requested variance is consistent with the spirit, purpose, and intent of the Ordinance, such that Public safety is secured and substantial iustice is achieved. 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. s Correction of typo,in underlined red bold text,identified at the December 4,2013 Planning Board meeting. 4 Staff deleted the repeated`hardships resulting from personal circumstances'phrase here as identified at the December 4,2013 Planning Board meeting. 5 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