Administration 15.13 Variances
15
in a land development district or which would change the land development district classification or the district boundary of the property in question. D. Authority Limited to this Ordinance/Conflicts with other Laws Prohibited: In no event shall the Board of Adjustment grant a variance which would conflict with any state code unless otherwise authorized by laws and regulations.
15.13.2. Filing Procedures A.
Process Types: Quasi-Judicial (See also 15.5)
B. Pre-Application Procedure: Every applicant for a variance is strongly encouraged to meet with the planning department in a pre-application conference prior to the submittal of a request for a variance. The purpose of this conference is to provide additional information regarding the review process and assistance in the preparation of the application. C. Filing Procedure: An application for a variance may be filed by the owner of the property or by an agent specifically authorized by the owner to file such application. D. Required Application Information: All information relevant to describing the applicant’s request to the Board of Adjustment. E. Public Notification: Level 1, 2 & 4 required. F. Determination of Compliance: Staff shall review an application for a variance to determine if it is complete. If an application is complete, the Administrator shall schedule the matter for consideration at a meeting of the Board of Adjustment. The Administrator shall prepare a staff report regarding the submitted variance application.
15.13.3. Formal Review A.
Action by the Board of Adjustment 1.
Upon receipt of the request for a variance from the Administrator, the Board of Adjustment shall hold a quasi-judicial evidentiary hearing on the request. 2. After conducting the evidentiary hearing, the Board of Adjustment may: deny the application; conduct an additional evidentiary public hearing on the application; approve the application; or approve the application with additional conditions. A concurring vote of four-fifths of the members of the Board of Adjustment shall be necessary to grant a variance. 3. A decision by the Board of Adjustment shall be made within 45 days of the date of the evidentiary hearing. 4. Any approval or denial of the request shall be accompanied by written findings of fact supporting the conclusion that the variance meets or does not meet each of the standards set forth below. B. Standard of Review: The Board of Adjustment shall not grant a variance unless and until it makes all of the following findings: 1. Carrying out the strict letter of the ordinance would result in an unnecessary hardship. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. 2. 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 the general public, may not be the basis for granting a variance. 3. The hardship did not result from actions taken by the applicant of the property owner. The act of purchasing property with knowledge that circumstances exist
Town of Wake Forest Unified Development Ordinance – July 19, 2022
15-37
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