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May 9, 2022 BOA Agenda Packet
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May 9, 2022 BOA Agenda Packet
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5.9.22 BOA Minutes
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24 <br /> Article 2: Procedures <br /> Section 2.10:Variances <br /> (2) A description of the specific modification sought by the applicant. For example, if <br /> the request is for a modification of a corner lot setback requirement, the applicant <br /> shall provide the exact reduction of the established corner lot setback requested <br /> as part of the application, <br /> (3) A plot plan, site plan, or other similar document(s)denoting the physical impact <br /> of the proposed request on the parcel, <br /> (4) A narrative outlining the answers to the five required findings detailed within <br /> Section 2.10.4 of the Ordinance justifying the issuance of the variance, and <br /> (5) Copies of any additional information deemed essential by the applicant justifying <br /> the approval of the request. <br /> 2.10.3 Burden of Proof <br /> Applicants shall have the burden of establishing by competent material and substantial evidence, <br /> in the form of testimony, exhibits, documents, models, plans, and other materials, that the <br /> application meets the requirements for approval of a Variance <br /> 2.10.4 Authorized Variances <br /> A variance may be approved by the Board of Adjustment in cases where unnecessary hardships <br /> would result from carrying out the strict letter of the Ordinance,when substantial evidence in the <br /> official record of the application supports all of the following findings: <br /> (A) Unnecessary hardship would result from the strict application of the Ordinance. It shall <br /> not be necessary to demonstrate that, in the absence of the variance, no reasonable use <br /> can be made of the property. <br /> (B) The hardship results from conditions that are peculiar to the property, such as location, <br /> size, or topography. Hardships resulting from personal circumstances, as well as <br /> hardships resulting from conditions that are common to the neighborhood or general <br /> 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 owner. <br /> The act of purchasing property with knowledge that circumstances exist that may justify <br /> the granting of a variance shall not be regarded as a self-created hardship. <br /> (D) The requested variance is consistent with the spirit, purpose, and intent of the Ordinance, <br /> such that public safety is secured and substantial justice is achieved. <br /> 2.10.5 Additional Criteria for Authorized Variances—Special Flood Hazard Areas <br /> In addition to the criteria contained within Section 2.10.4, any application for a variance from the <br /> flood regulations shall abide by the following additional criteria: <br /> (A) Variances may be issued for the repair or rehabilitation of historic structures upon the <br /> determination that the proposed repair or rehabilitation will not preclude the structure's <br /> continued designation as a historic structure and the variance is the minimum necessary <br /> to preserve the historic character and design of the structure. <br /> (B) In considering variances from the requirements of the flood regulations, the Board of <br /> Adjustment shall consider all technical evaluations, all relevant factors, all standards <br /> specified in other sections of this Ordinance, and: <br /> (1) The danger that materials may be swept onto other lands to the injury of others; <br /> (2) The danger to life and property due to flooding or erosion damage; <br /> (3) The susceptibility of the proposed facility and its contents to flood damage and <br /> the effect of such damage on the individual owner; <br /> (4) The importance of the services provided by the proposed facility to Orange <br /> County; <br /> Orange County,North Carolina—Unified Development Ordinance Page 2-32 <br />
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