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BOA agenda 070918
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BOA agenda 070918
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8/29/2018 10:58:01 AM
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7/9/2018
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Regular Meeting
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Agenda
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BOA minutes 070918
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\Advisory Boards and Commissions - Active\Orange County Board of Adjustment\Minutes\2018
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5.Staff determined the granting of the variance will not have a negative impact on existing <br />traffic service levels in the areaor be consistent with applicable access management <br />standards. <br />6. As detailed withinSection 2.10 Variances of the UDO, the Board is authorized to modify <br />or vary regulations when strict compliance with the regulation or standard would result in <br />unnecessary hardships upon the subject property. <br />7.In accordance with the provisions of Section 2.10.3 of the UDO, the Boardmay approve <br />a variance in cases where unnecessary hardships would result from carrying out the strict <br />letter of theUDO, when substantial evidence in the official record of the application <br />supports all of the following findings: <br />a.Unnecessary hardship would result from the strict application of the Ordinance. It <br />shall not be necessary to demonstrate that, in the absence of the variance, no <br />reasonable use can be made of the property. <br />b.The hardship results from conditions that are peculiar to the property, such as <br />location, size, or topography. Hardships resulting from personal circumstances, as <br />well as hardships resulting from conditions that are common to the neighborhood <br />or general public, may not be the basis for granting a variance. <br />c. The hardship did not result from actions taken by the applicant or the property <br />owner. The act of purchasing property with knowledge that circumstances exist <br />that may justify the granting of a variance shall not be regarded as a self-created <br />hardship. <br />d.The requested variance is consistent with the spirit, purpose, and intent of the <br />Ordinance, such that public safety is secured and substantial justice is achieved. <br />8.Per Section 2.10.9 of the UDO, the Board is not empowered to grant a variance without <br />an affirmative finding of fact supported by substantial evidence in the record of the <br />proceedings before the Board. <br />Further, the Board may impose appropriate conditions provided same are reasonable <br />related to the variance request. <br />9.Per Section 2.12.4 of the UDO the affirmative vote of four of the members of the Board is <br />necessary to effect any variation of the Ordinance. <br />32
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