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 Land Development Ordinance, such that public safety is secured and substantial justice is achieved.
(4) Housing Appeals Board. The Town’s Board of Adjustment shall serve as the Housing Appeals Board, in compliance with Article B Building Regulation & Enforcement and the North Carolina General Statutes.
j.
Evidentiary Hearings
Any petition before the Board of Adjustment shall be conducted as an evidentiary hearing for public comment under oath, and with proper advertising of a legal notice and a notice of hearing conducted pursuant to this Article shall be mailed to:
(1) Notice to Applicant . The person or entity whose appeal, application, request is the subject of the hearing.
(2) Notice to Owner . To the owner of the property that is the subject of the hearing if the owner did not initiate the hearing.
(3) Notice to Adjacent Properties . To the owner(s) of all parcels of land abutting the parcel of land that is the subject of the hearing.
(4) Mailing Procedures . In the absence of evidence to the contrary, the Town may rely on the existing Wake County tax listing at the time of the application to determine owners of property entitled to a mailed notice. The notice must be deposited in the mail at least 10 days, but not more than 25 days, prior to the date of the hearing.
(5) Posted Notice . Within that same time period in compliance with this Article, the Town shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent right-of-way.
(6) Notice to Others . To any other persons entitled to receive notice as provided by the Land Development Ordinance.
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