<div class="chunk-title">Sec. 70-10. - Variances.</div>
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               The purpose of a variance is to provide relief when a strict application of these
               regulations would impose unnecessary hardships on the applicant. A variance may also
               be proper when environmental concerns are viewed in light of the spirit and intent
               of the planning ordinances. The board of adjustment is responsible for considering
               applications for variances. The variance request must specify which requirements are
               to be varied from and must specify alternative methods to be used. An application
               for a variance shall be with the planning department. A request in complete form shall
               be received no less than 30 days prior to the board of adjustment meeting at which
               the request will be heard.
               </p>
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               When unnecessary hardships would result from carrying out the strict letter of the
               subdivision ordinance, the board of adjustment shall vary any of the provisions of
               the ordinance upon a showing of all of the following:
               
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                  (1)
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                  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.
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                  (2)
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                  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.
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                  (3)
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                  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.
                  </p>
               		
               
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                  (4)
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                  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.
                  </p>
               		
               
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               Appropriate conditions may be imposed on any variance, provided that the conditions
               are reasonably related to the variance. Any other ordinance that regulates land use
               or development may provide for variances consistent with the provisions of this subsection.
               </p>
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               The board of adjustment shall make a finding, and written notice of the decision shall
               be prepared as prescribed in<a href="" data-chunk-id="COOR_CH58PLDE" class="section-link" data-product-id="12776"> chapter 58</a> of the Buncombe County Code of Ordinances. In granting any variance, the board of
               adjustment may prescribe appropriate conditions and safeguards in conformity with
               this article. Violation of such conditions and safeguards, when made a part of the
               terms under which the variance is granted, shall be deemed a violation of this article
               and punishable as described in the Buncombe County Code of Ordinances and North Carolina
               law.
               </p>
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               Variances shall expire if development or building activity is not initiated within
               two years of the approval date. A single extension may be granted, upon receiving
               a written request from the applicant before the expiration of the approval, by the
               board of adjustment when reasonable cause is shown. When any preliminary plan approval
               expires, any and all variance approvals shall also expire.
               </p>
            <p class="historynote0">
               (Ord. No. 10-10-05, Â§ 1, 10-5-10;
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="797622">
                  Ord. No. 16-11-04
                  </a>
               , Â§ 1, 11-1-16;
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="1118554">
                  Ord. No. 21-05-06
                  </a>
               , Â§ 1(Exh. A), 5-4-21)
               </p></div>