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CASE A-4-18 <br />VARIANCE REQUEST SUBMITTED BY <br />STONE AND CHURCH INVESTMENTS LLC <br />FOR A PARCEL OF PROPERTY LOCATED AT <br />4916 OLD HILLSBOROUGH ROAD (PIN 0803-30-4715) <br />FINDINGS ORANGE COUNTY BOARD OF ADJUSTMENT <br />As permitted under Section 2.10 Variances of the Orange County Unified Development <br />Ordinance, the Board of Adjustment is authorized to modify or vary regulations of the UDO <br />when strict compliance with the regulation or standard would result in unnecessary hardships <br />upon the subject property. <br />In accordance with the provisions of Section 2.10.3 of the UDO, the BOA may approve a <br />variance in cases where unnecessary hardships would result from carrying out the strict letter of <br />the UDO, when substantial evidence in the official record of the application supports all of the <br />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 />Per Section 2.10.9 of the UDO, the Board ofAdjustment is not empowered to grant a variance <br />without an affirmative finding of fact supported by substantial evidence in the record of the <br />proceedings before the Board. The Board may impose appropriate conditions provided same <br />are reasonable related to the variance request. <br />Per Section 2.12.4 of the UDO the affirmative vote of four of the members of the Board shall be <br />necessary to effect any variation of the Ordinance. <br />In accordance with Section 2.10.8 of the UDO what follows in the Planning Director’s <br />assessment of the application and recommended disposition of the request consistent with the <br />information contained therein. <br />53