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48 <br /> 3. As of August 7, 2025, staff has not received any complaints/concerns resulting <br /> from property owners notified of the request. The application materials were sent to the <br /> State Clearinghouse for review and no comments have been received to date. <br /> Additionally, the application was reviewed at the August 7, 2025 Development <br /> Advisory Committee meeting. Review comments are available in Attachment 3. <br /> 4. 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 /> 5. In accordance with the provisions of Section 2.10.4 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 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 /> 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 /> 3 <br />