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.Name* First Last By filling in your name, you agree to the statement above.I request a variance from the following Zoning Ordinance language [cite Section number(s)]:*List all relevant section numbers.Factors Relevant to the Issuance of a VarianceThe 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:The hardship of which the applicant complains is the result of a condition or existing features that are peculiar to the applicant’s land. (Note: Hardships suffered by the applicants in common with his/her neighbors do not justify a variance. There are extraordinary and exceptional conditions pertaining to the property in question due to its size, shape or topography that are not applicable to other land or structures in the same Zoning District. Also, unique personal or family hardships are irrelevant; a variance, if granted, runs with the land.)*The special circumstances are not the result of the actions of the applicant. (Note: 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.)*B.) The variance is in harmony with the general purpose and intent of the Ordinance and preserves its spirit. State facts and arguments to show that the variance requested represents the least possible deviation from the letter of the Ordinance that will allow a reasonable use of the land. Also describe how the use of the property, if the variance is granted, will not substantially detract from the character of the neighborhood.*C.) The granting of the variance secures the public safety and welfare and does substantial justice. State facts and arguments to show that, on balance, if the variance is denied the benefit to the public will be substantially outweighed by the harm to the applicant.*Granting the requested variance will not confer upon the applicant any special privileges that are denied to other residents of the Zoning District in which the property is located.*A literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.*The variance is not to request a use of land, Building or Structure which is not permitted in the subject Zoning District.*I certify that all of the information presented by me in this application is accurate to the best of my knowledge, information and belief.*Sign in the space above.Date* MM slash DD slash YYYY
