ORD-2014-010 Correction to Ordinance 2014-001 Board of Adjustment Operations and Procedures

Browse Search

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 invelvi;g -where praG4 diffi 'moo,- 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 and n not suffe Fed in nnmmnn With nth °r nr°n°rty c milnrly leeatedUnnecessary 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. f nnv °n' °nn° and iRability to attain a high er fin ial r°t6Irn 2 (£)(P) 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 vafiaece, if appF ved will net 01-1-hstantially iRterfere with GF iRjUFe the Fights Gf ethers whose pF e affeGted QFd;RaRGe and +h° The 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. publ!G benefits intended to be seGUred by this QFdinanGe and the iRdividual hardships that will be o iffered by a failure of the Beard of c, ustrnent to grant vaFiaRGeThe requested variance is consistent with the spirit, purpose and intent of the Ordinance such that Public safety is secured and substantial justice 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. 3 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