(A) Where, because of severe topographical or other conditions peculiar to the site, strict adherence to the provisions of this would cause an unnecessary hardship, the may authorize a variance, if the variance can be made without compromising the intent of this . Notwithstanding the foregoing, no variance may be issued allowing the modification of any height restriction or limitation contained in this . Anyone desiring a variance from the terms of this make application, in writing, justifying the request. The prepare an item requesting that the set a quasi-judicial public hearing on the application for variance and forward the item to the Town Manager or other appropriate personnel designated by by the agenda deadline for the first regularly scheduled meeting of the after the application has been submitted. The schedule the public hearing for a regular evening meeting on a date which allows sufficient time for notice of the hearing to be mailed to of adjacent and to be published in the newspaper, as outlined in § 154.199 Notice of a quasi-judicial public hearing on an application for a proposed comply with the provisions of G.S.
§ 160D-601
, as amended. (see § 154.199). The consider the public health, safety and welfare when ruling on applications for variance. Any grant of a variance pursuant to this section must be based upon specific findings of the fact made by the Board that support the conclusions:
(1) There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this .
(2) The variance applied for is in harmony with the general purpose and intent of this and preserves its spirit.
(3) In the granting of the variance, the public safety and welfare have been assured and substantial justice has been done.
(B) Any variance authorized by the is required to be entered in the minutes of the meeting of the and the reasoning on which the departure was justified set forth. In addition, the grant of the variance be made in writing and delivered to the applicant.
(Ord. 00079, passed 4-25-2013; Am. Ord. 2021-06, passed 4-22-2021)