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154 <br />ORANGE COUNTY BOARD OF ADJUSTMENT <br />ORDER GRANTING /DENS A VARIANCE <br />The Board of Adjustment for the County of Orange, having <br />held a public hearing on June 8, 1987 to consider <br />a variance , submitted by Orange County—Habitat for <br />Humanity. Inc. a request for a variance to use the <br />property located n Gemena Road off Jo Mac Road SR 110 <br />In a manner not permissible under the literal terms of the <br />ordinance and having heard all of the evidence and arguments <br />presented at the hearing, makes the following FINDINGS OF <br />FACT and draws the following CONCLUSIONS: <br />1. <br />2. <br />It is the Boardvs CONCLUSION that, if the applicant <br />complies with the literal terms <br />specifically sectionls7, 5.1.1 ( <br />Dwelling Unit in the Rural Buffer Zone <br />of the ordinance, <br />Minimum Lot Area per <br />he (can /cannot) secure a reasonable return fromThor <br />make reasonable use of, his property. <br />conclusion is based on the following FINDINGS OF <br />FACT: - The land can be used for ardenin . <br />- With applicant being non-profit, financial return is not a <br />factor. <br />- The land can be used since additional property can be <br />obtained to meet the 2 acre minimum lot size. <br />It is the Board's CONCLUSION that the hardship of <br />which the applicant complains (resu is does not <br />result) from unique circumstances related to the <br />applicantts land. This conclusion is based on the <br />following FINDING OF FACT: <br />- Nature that the property is being used for low and moderate <br />income housing. <br />The lots were created in good faith under prior zoning laws, <br />where the applicant was attempting to spread out development, <br />which is in the spirit of the Rural Buffer Zone. <br />3. It is the Board's CONCLUSION that the hardship is <br />not the result of the applicant's own actions. <br />This The based on the following <br />was proceeding with the FINDINGS <br />OF F ACT subdivision <br />CT: ; <br />when the Ordinance was chap ed to 2 acres. <br />4. It is the Board's CONCLUSION that, if granted, the <br />variance (will /will not) be in harmony with the <br />general purpose and intent of the ordinance and <br />(will /will not) preserve its spirit. This conclu- <br />sion is based on all of the FINDINGS OF FACT listed <br />above as we I I as the following: The intent and purpose <br />Of e Zpninq Ordinance and Comi2rehensive Plan is to maintain <br />two e minimum lot size The Dro osed lots are far short <br />