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7 <br /> STAFF COMMENT(S): <br /> 1. The application has been deemed complete. <br /> 2. As required under Section 2.12.6 of the UDO, staff notified all property owners within <br /> 1,000 ft. of the subject property of the variance request. This notice also informed parties <br /> of the date, time, and location of the public hearing where the request will be reviewed. <br /> Copies of the letter, as well as our certification of mailing, are contained in Attachment 3. <br /> As of April 28, 2022, the writing of this abstract, staff has not received any <br /> complaints/concerns resulting from property owners notified of the request. <br /> 3. Staff has determined the granting of the variance will not create issues for adjacent <br /> property owners with respect to the development/re-development of their properties. <br /> 4. Staff determined the granting of the variance will not have a negative impact on existing <br /> traffic service levels in the area or be consistent with applicable access management <br /> standards. <br /> 5. As detailed within Section 2.10 Variances of the UDO, the Board is authorized to modify <br /> or vary regulations when strict compliance with the regulation or standard would result in <br /> unnecessary hardships upon the subject property. <br /> 6. In accordance with the provisions of Section 2.10.3 of the UDO, the Board may approve <br /> a variance in cases where unnecessary hardships would result from carrying out the strict <br /> letter of the UDO, when substantial evidence in the official record of the application <br /> supports all of the 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 /> 7. Per Section 2.10.10 of the UDO, the Board is not empowered to grant a variance without <br /> an affirmative finding of fact supported by substantial evidence in the record of the <br /> proceedings before the Board. <br /> Further, the Board may impose appropriate conditions provided same are reasonable <br /> related to the variance request. <br /> 8. Per Section 2.12.4 of the UDO the affirmative vote of four of the members of the Board is <br /> necessary to effect any variation of the Ordinance. <br />