Variance Application

  • I hereby petition the Board of Adjustment for a VARIANCE from the literal provisions of the Montreat Zoning Ordinance because, under the interpretation given to me by the Zoning Official, I am prohibited from using the parcel of land described in the attached application for a Certificate of Zoning Compliance in a manner shown by the plot plan attached to that form.

  • By filling in your name, you agree to the statement above.
  • List all relevant section numbers.
  • Factors Relevant to the Issuance of a Variance

  • The Board of Adjustment does not have unlimited discretion in deciding whether to grant a variance. According to the enabling language in the North Carolina General Statutes, the Board is required to reach three conclusions before it may issue a variance: (A) that there are unnecessary hardships in the way of carrying out the strict letter of the Ordinance; (B) that the variance is in harmony with the general purposes and intent of the Ordinance and preserves its spirit; and (C) that in granting the variance, the public safety and welfare have been assured and substantial justice has been done. In the spaces below, indicate the facts you intend to show and the arguments you intend to make to convince the Board that it can properly reach these required conclusions. Additional sheets may be attached to this application where necessary.

  • A.) There are unnecessary hardships in the way of carrying out the strict letter of the Ordinance. The courts have developed rules to determine whether in a particular situation “unnecessary hardships” exist. State facts and arguments in support of each of the following:

  • Sign in the space above.
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