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Article 2 : Procedures <br /> Section 2 . 10 : Variances <br /> 2m ! On62 . 10 . 7 Procedure for Certain Stream Buffer Variance Requests <br /> Requests for variances from stream buffer requirements within 504eet from the top of the stream <br /> ank shall abide by the following procedure : <br /> ( A) The Erosion Control Officer shall make a finding of fact as to whether the follo ing <br /> requirements have been met : <br /> ( 1 ) There are practical difficulties or unnecessary hardships that prey nt compliance <br /> with the strict letter of the stream buffer protection requirements Practical <br /> difficulties or unnecessary hardships shall be evaluated in acc rdance 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 eturn from , nor make <br /> reasonable use of , his/ her property . <br /> ( i ) Merely proving that the variance wo Id permit a greater profit <br /> from the property will not be consi bred adequate justification for <br /> a variance . <br /> ' i ) Moreover, the Erosion Control fficer shall consider whether the <br /> variance is the minimum po ible deviation from the stream <br /> buffer requirements that wi make reasonable use of the <br /> property possible . <br /> ( b) The ha ship results from appli ation of the stream buffer requirements <br /> to the pr erty rather than fro other factors such as deed restrictions or <br /> other hard ip . <br /> ( c) The hardship is due to th physical nature of the applicant ' s property , <br /> such as its siz shape , r topography , which is different from that of <br /> neighboring pro erty . <br /> ( d ) The applicant did cause the hardship by knowingly or unknowingly <br /> violating the strea uffer requirements . <br /> ( e ) The applicant d ' not rchase the property after the effective date of the <br /> stream buffer equireme ts , and then request a variance . <br /> (f) The hardsh ' is unique to e applicant ' s property , rather than the result <br /> of conditi s that are wide s ead . <br /> ( i ) f other properties are ually subject to the hardship created in <br /> the restriction , then gra ing a variance would be a special <br /> privilege denied to others , and would not promote equal justice . <br /> ( g ) T e variance is in harmony with the eneral purpose and intent of the <br /> tate ' s riparian buffer protection requi ements and preserves its spirit ; <br /> and <br /> ( h ) In granting the variance , the public safety nd welfare have been <br /> assured , water quality has been protected , nd substantial justice has <br /> been done . <br /> ( B ) If the Er sion Control Officer determines that a variance request eets the requirements <br /> in (A) ove , then he/she shall prepare a preliminary finding and s bmit it to the State ' s <br /> Envi nmental Management Commission . <br /> ( C ) Pr liminary findings on variance requests sent to the State ' s Environm ntal Management <br /> ommission shall be reviewed by said Commission within 90 days after eceipt by the <br /> Director of the Environmental Management Commission . <br /> ( D ) The purpose of the State Environmental Management Commission ' s revie is to <br /> determine if it agrees with the Erosion Control Officer' s findings regarding wh her that the <br /> requirements in subsection ( A) have been met . <br /> Orange County, North Carolina — Unified Development Ordinance Page 2 - 40 <br />