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12.13.23 BOA Agenda Packet
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12.13.23 BOA Agenda Packet
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5/2/2024 4:02:14 PM
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BOCC
Date
12/13/2023
Meeting Type
Regular Meeting
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Agenda
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55 <br /> Board of Adjustment <br /> ORANGE COUNTY Sample Statements for Standing as a Party <br /> NORTH CAROLINA Case: <br /> Only Parties may call witnesses, introduce documents, make legal arguments and <br /> objections. NC law requires that Parties have Standing which is defined in NC General <br /> Statute 16013-1402(c). Individuals seeking to be recognized as Parties are highly encouraged <br /> to seek independent legal counsel. Note that N.C. Gen. Stat. 84-2.1 and 84-4 prohibit the <br /> unauthorized practice of law, including representing others in these matters. <br /> Sample Statements to Establish Standing <br /> 1. Legal Connection to the Subject Parcel <br /> a. I have an ownership interest in the property that is the subject of this decision being made. <br /> (My name will appear on the deed recorded at the Register of Deeds for the property where <br /> the SUP will apply.) <br /> b. I have a leasehold interest in the property that is the subject of the decision being made. (I <br /> have a lease for the property where the SUP will apply.) <br /> c. I have an interest created by easement, restriction, or covenant in the property that is the <br /> subject of the decision being made. (There is a document recorded at the Register of <br /> Deeds which gives me certain rights to the property where the SUP will apply, such as a <br /> right of access.) <br /> 2. Special Damages to Other Parcels <br /> a. The proposed project would increase vehicular traffic which would pose a danger to public <br /> safety and therefore diminish the value to the property I own. (NOTE THAT THIS <br /> REQUIRES EXPERT OPINION PER NCGS 160D-14020)(3)(b).) I have a traffic engineer <br /> here who can testify on this subject. <br /> b. The proposed project would affect the value of my property. (NOTE THAT THIS <br /> REQUIRES EXPERT OPINION PER NCGS 160D-14020)(3)(a).) I have a real estate <br /> appraiser here who can testify on this subject. <br /> c. The proposed project would cause my property to suffer a diminution in property value <br /> because of noise, odor, water run off or some other special damage. That special damage <br /> Rev 23 11 16 <br />
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