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Article 2: Procedures 102 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 where p4:, at d ities- sFunnecessary 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 annlinant and ore net suffered in nnmmnn with other proem y similarly logAtAdU n necessary 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. Nil {G;(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 not be the basis for granting a variance. The VaFiaRG8, if appFe yerl will net substantially interfere with n njuFe the Fights of otheFs whose pmper-ty would be affeGted by approval of the VaFIaRG8. MI. ice\ The �yo rionne is in hormnn�y with onrJ ser�yes the nenerol intent onrJ ni �rnnse of this �° /,v, 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 iustify the granting of a variance shall not be regarded as a self- created hardship. TEL will he si �fferey^I by o foil ire of the Rnoryi of ArJii Istment to grant a -yarianneThe 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 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 a — Return to Agenda