8.13.25 BOA Agenda Packet - Laserfiche WebLink

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Attachment 5 68 FINDINGS OF THE ORANGE COUNTY BOARD OF ADJUSTMENT PERTAINING TO A VARIANCE REQUEST SUBMITTED ON BEHALF OF JAMES AND TAMMY MCHALE, CASE BA25-0002 Unaddressed parcel on Eno Cemetery Road (PIN: 9857-65-5080) As permitted under Section 2.10 Variances of the Orange County Unified Development Ordinance, the Board of Adjustment is authorized to modify or vary regulations of the UDO when strict compliance with the regulation or standard would result in unnecessary hardships upon the subject property. In accordance with the provisions of Section 2.10.4 of the UDO, the BOA may approve a variance in cases where unnecessary hardships would result from carrying out the strict letter of the UDO, when substantial evidence in the official record of the application supports all of the following findings: (A) Unnecessary hardship would result from the strict application of the Ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. (B) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or general public, may not be the basis for granting a variance. (C) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. (D) The requested variance is consistent with the spirit, purpose, and intent of the Ordinance, such that public safety is secured and substantial justice is achieved. Per Section 2.12 of the UDO, the Board of Adjustment shall review the evidence at a quasi- judicial evidentiary hearing, allowing for the presentation of evidence and testimony by staff, the applicant, and any parties who establish legal standing, and providing for questioning by the Board members. Per Section 2.10.9 of the UDO, the Board of Adjustment is not empowered to grant a variance without an affirmative finding of fact supported by substantial evidence in the record of the proceedings before the Board. The Board may impose appropriate conditions provided same are reasonable related to the variance request. Per Section 2.12.4 of the UDO the affirmative vote of four of the members of the Board shall be necessary to effect any variation of the Ordinance. In accordance with Section 2.10.9 of the UDO what follows in the Planning Director's assessment of the application and recommended disposition of the request consistent with the information contained therein.