C. Staff Review . The Planning Department shall review the application, consider revisions to the application for clarity in discussions with the applicant, and prepare a staff report for the Board of Adjustment. The staff report does not include a recommendation. It is the responsibility of the applicant to submit evidence supporting a request for such variance and the Board of Adjustment is obligated to address the finding of facts based on the evidence presented in a by the applicant and other individuals withstanding with the requested variance. D. Schedule Evidentiary Notice & Hearing . The Planning Department shall prepare the public notice as required by Article Q Procedures & Administration, §9- 1802 Public Hearing for a Board of Adjustment meeting to conduct an evidentiary hearing on the variance application. E. Board of Adjustment Review & Decision . The Board of Adjustment shall review the application, hold an evidentiary hearing, and decide the application in accordance with Article P Administrative Powers & Duties, §9-1753 Board of Adjustment. F. Issuance & Recordation of Variance . If the variance application is approved by the Board of Adjustment, the Planning Director shall issue the applicant documentation of approval and any conditions of such approval. The Planning Department shall prepare an “Order” identifying the action of the Board of Adjustment and any conditions that will be signed by the chair of the Board of Adjustment and the applicant. The “Order” shall be recorded with the Wake County Registry of Deeds by the Planning Department. (4) Appeal . The applicant or any person with standing may appeal the decision of the Board of Adjustment; however, such appeal shall be made within 30 days from receipt of any source of actual or constructive notice of the decision within which to file such appeal. (5) Effect of Approval . Approval and recordation of a variance authorizes only particular regulatory relief approved as part of the variance and applies only to the land for which the variance is approved, and only in accordance with any approved plans and documents and conditions of approval. Such an approval does not exempt the applicant from the responsibility to apply for other applications and obtain permits in accordance with the Land Development Ordinance.
(6) Expiration . The variance shall expire if the property owner does not obtain a building permit or a Certificate of Occupancy within 12 months, if necessary, or the
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