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18 <br /> neighborhood or general public, may not be the basis for <br /> granting a variance; <br /> (C) The hardship did not result from actions taken by the applicant <br /> or the property owner. The act of purchasing property with <br /> knowledge that circumstances exist that may justify the <br /> granting of a variance shall not be regarded as a self-created <br /> hardship; and <br /> (D) The requested variance is consistent with the spirit, purpose, <br /> and intent of the Ordinance, such that public safety is secured <br /> and substantial justice is achieved. <br /> 5. Who is responsible for demonstrating the need for a Variance? <br /> Applicants have the burden of establishing by competent material and <br /> substantial evidence in the form of testimony, exhibits, documents, models, <br /> plans, and other materials, the request is necessary and should be approved. <br /> 6. How are Variance applications processed? <br /> Variance requests are processed in the following manner: <br /> a. An application is submitted by the property owner; <br /> b. Staff prepares a record of the matter including detail(s) on the <br /> applicable regulations; <br /> c. A public hearing is scheduled to allow for the review of the request; <br /> d. Once the public hearing is called to order, individuals intending to <br /> provide testimony to the Board on the request are sworn by the Clerk <br /> to the Board of Adjustment; <br /> e. The Board of Adjustment accepts evidence into the record and hears <br /> sworn testimony from all parties; and <br /> f. Upon hearing all evidence associated with the application, the Board <br /> renders a decision granting or denying the request consistent with the <br /> requirements of the UDO. <br /> 7. Are their limits to the Variance process? <br /> Yes. The Board is not empowered to issue Variances allowing for land uses <br /> prohibited under applicable regulations. <br /> Example: <br /> There is a parcel of property zoned residential. The UDO outlines <br /> allowable and prohibited land uses for this parcel based on its <br /> residential zoning. Development of a single-family residence is <br /> permitted, but development of a restaurant is prohibited. <br />