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Article 2: Procedures 10 <br />Section 2.10: Variances <br />(i) As an example, a person owning a 40,000 square foot lot and <br />subject to a 12% impervious surface ratio would be limited to <br />4,800 square feet of impervious coverage. If the person's plans <br />called for 5,500 square feet of coverage (a difference of 700 <br />square feet), the recording of a conservation easement on 5,833 <br />square feet of contiguous property would satisfy the impervious <br />surface ratio requirements. (12% of 5,833 square feet is 700 <br />square feet.) <br />(b) The conservation easement shall describe the property restricted in a <br />manner sufficient to pass title, provide that its restrictions are covenants <br />that run with the land and, in form, be approved by the County Attorney. <br />(c) The conservation easement shall, upon its recording, be in the place of a <br />first priority lien on the property (excepting current ad valorem property <br />taxes) and shall remain so unless, with the approval of Orange County, it <br />is released and terminated. <br />(i) Orange County shall require the priority of the conservation <br />easement to be certified by and attorney -at -law, licensed to <br />practice law in the State of North Carolina and approved to <br />certify title to real property by a lending institution (bank or <br />savings and loan association) doing business in Orange County. <br />(d) Orange County approval of a release or termination of the conservation <br />agreement shall be declared on the document releasing or terminating <br />the agreement. <br />(i) The document shall be signed by the Orange County Manager, <br />upon approval of the Orange County Board of Commissioners. <br />(ii) No such document shall be effective to release or terminate the <br />conservation agreement until it is filed for registration with the <br />Register of Deeds of Orange County. <br />2.10.6 Procedure for Certain Stream Buffer Variance Requests <br />Requests for variances from stream buffer requirements within 50 -feet from the top of the stream <br />bank shall abide by the following procedure: <br />(A) The Erosion Control Officer shall make a finding of fact as to whether the following <br />requirements have been met: <br />(1) There are practical difficulties or unnecessary hardships that prevent compliance <br />with the strict letter of the stream buffer protection requirements. Practical <br />difficulties or unnecessary hardships shall be evaluated in accordance with the <br />following: <br />(a) If the applicant complies with the provisions of the stream buffer <br />requirements, he /she can secure no reasonable return from, nor make <br />reasonable use of, his /her property. <br />(i) Merely proving that the variance would permit a greater profit <br />from the property will not be considered adequate justification for <br />a variance. <br />(ii) Moreover, the Erosion Control Officer shall consider whether the <br />variance is the minimum possible deviation from the stream <br />buffer requirements that will make reasonable use of the <br />property possible. <br />(b) The hardship results from application of the stream buffer requirements <br />to the property rather than from other factors such as deed restrictions or <br />other hardship. <br />Orange County, North Carolina — Unified Development Ordinance Page 2 -34 <br />