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12.11.24 BOA Agenda Packet
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12.11.24 BOA Agenda Packet
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12/6/2024 4:40:17 PM
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BOCC
Date
12/11/2024
Meeting Type
Regular Meeting
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Agenda
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that may justify the granting of a variance shall not be regarded as a self-created <br />hardship. <br />Staff Comment: Hardship did not result from actions taken by the applicant <br />or property owner. <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 />Staff Comment: Staff has determined the granting of the variance will not <br />create issues for adjacent property owners with respect to the <br />development/re-development of their properties. Staff determined the <br />granting of the variance will not have a negative impact on existing traffic <br />service levels in the area or be consistent with applicable access <br />management standards. However, per Section 2.10.7 Procedure for Certain <br />Stream Buffer Variance Requests if other properties are equally subject to <br />the hardship created in the restriction, then granting a variance would be a <br />special privilege denied to others and would not promote equal justice. As <br />other parcels bordering Lake Orange share the same buffer requirements <br />with similar lot sizes, but also may be eligible for administrative reductions <br />in buffers as qualifying “existing lots,” staff cannot determine that the <br />circumstances on the subject property are unique only to the subject <br />property and not to properties in general. <br />6. 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 />7. 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 />19
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