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19 <br /> Someone purchases the property and wants to develop a restaurant. <br /> The property is not zoned to allow for that type of development. <br /> In this scenario, the property would have to be rezoned to allow for the <br /> development of a restaurant. <br /> The Board cannot issue variances in instances where there is no unique <br /> hardship. <br /> Example: <br /> Structures erected within the AR general use zoning district are <br /> required to observe a 20 ft. setback from common property lines. <br /> A property owner does not want to observe this setback and wants <br /> their house 10 ft. from all property lines. <br /> In this instance, we have a property owner who simply does not want to follow <br /> a development standard that is universally applicable to all parties. There is <br /> no unique hardship in this instance, merely a desire to deviate from an <br /> applicable standard. A Variance should not be issued. <br /> 8. What is an appeal? <br /> Staff make decisions on the administration and enforcement of County land <br /> use regulations on a daily basis. This includes approval and/or denial of <br /> permits/applications and the making of binding determinations on the <br /> application of land use regulations on a given parcel of property. <br /> These decisions are subject to review by the Board of Adjustment with the <br /> submittal of an appeal application. <br /> 9. What is subject to appeal? <br /> When staff makes a `final and binding' determination with respect to the <br /> application of land use standards, regulations, or on a specific land use that <br /> decision is appealable to the Board of Adjustment. <br /> Examples, for illustrative purposes, include: <br /> a. Approval/denial of a zoning compliance permit related to the use of a <br /> parcel of property; <br /> b. Approval/denial of a site plan; <br /> c. Application of performance standards (i.e. parking, sign regulations, <br /> landscaping/buffering, impervious surface limits, etc.). <br /> 10. Who can submit an appeal application? <br /> A person with the legal right to initiate an appeal is said to have "standing" to <br /> initiate the appeal. A person with standing is entitled to be a "party" in the <br /> appeal. <br /> Unlike a court proceeding, a quasi-judicial case coming to the Board does not <br /> have formal plaintiffs and defendants. The person who initiates the action (an <br />