HomeMy WebLinkAboutWSMU_HUNT_WSWP Other Info_20210412 (3)Town of
NORTH CAROLINA
Date of Application:
Property/Building Address:
Tax Parcel ID (PIN) Number(s):
Text of Ordinance to be varied
Ordinance:
Description of Request:
Article:
Submittal Requirements and Procedure
Variance
Application
Section:
Parcel Size (ac):
The following shall be submitted with the completed application (signed and dated by the property owner
and/or applicant):
• One (1) electronic copy by email or (1) hard copy of applicable map(s), site plans, exhibits, and
applications showing exact location of property with respect to existing streets, adjoining lots and other
important features on or contiguous to the property. Also, include any maps and/or illustrations (to
scale), which are necessary to show the location, number and size of buildings, signs, etc., on the
property.
• Applications shall be emailed to plan ning(5)huntersville.or.1 or mailed as directed below.
• A list of names, addresses and tax parcel identification numbers of properties that abut the site, are
across the street from the site or are otherwise within one hundred feet (100') of the site.
• Review Fee - Please check most recent version of Fee Schedule for applicable Variance Review Fee.
Reviews shall be submitted by mail as directed below or through the Town website:
www.huntersville.org/planning (Select Permits & Process > Submit Planning and Zoning Fee)
• See the current Board of Adjustment Submittal Deadlines and Meeting Schedule for filing deadlines
and meeting dates
• Please submit your complete application and fee by noon the day filing deadline
Physical Address: 105 Gilead Road I Third Floor (Fed Ex, UPS, and Couriers)
Mailing Address: P.O. Box 664 1 Huntersville, North Carolina 28070 (USPS)
Attention: Planning Department
Please make checks payable to: Town of Huntersville
Include property address and/or Tax Parcel ID in memo
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Last Updated September 2020
Notification Requirements
Planning Staff will be required to notify in writing each adjoining property owner.
Planning Staff will also be required, if you are seeking a variance from the requirements of the Mountain Island
Lake or Lake Norman Watershed Overlay Districts, to notify in writing each local government having jurisdiction in
the watershed and the entity using the water supply for consumption as follows:
Mountain Island Lake Watershed Overlay. Local governments having jurisdiction in the watershed: Charlotte
Mecklenburg, Cornelius and Huntersville. Entities using the water supply for consumption: Mecklenburg County,
Gastonia and Mount Holly.
Lake Norman Watershed Overlay. Local governments having jurisdiction in the watershed: Davidson, Cornelius
and Huntersville. Entities using the water supply for consumption: Mooresville, Mecklenburg County and Lincoln
County.
Variance Requirements
STANDARDS FOR GRANTING A VARIANCE (Article 11.3.2.e.):
When unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the Board of
Adjustment shall vary any of the provisions of the ordinance upon a showing of all the following:
1. 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.
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 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.
4. 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.
Appropriate conditions, which must be reasonably related to the condition or circumstance that gives rise to the
need for a variance, may be imposed by the Board (Article 11.3.1.e.).
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In the following spaces, indicate FACTS that demonstrate to the Board of Adjustment you meet all the
standards for granting a variance:
1. 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. The
difficulty or hardship would result only from these regulations and from no other cause, including the
actions of the owner or previous owners 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. The
difficulty or hardship is peculiar to the property and is not generally shared by other properties classified in
the same zoning district and/or use for the same purpose.
3. 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.
4. The public safety and general welfare have been protected and substantial justice done.
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Applicant
Printed Name
❑ Corporation ❑Limited Liability Company ❑ Trust❑ Partnership ❑ Other:
Phone
❑ By signature below, I hereby acknowledge, as/on behalf of (circle one) the applicant my understanding this application
will be considered in a quasi-judicial proceeding and that neither 1, nor anyone on my behalf, may contact the Board of
Commissioners except through sworn testimony at the public hearing. (Applicable if box is checked)
Signature
Title
Applicant Email
Address of Applicant
Applicant Phone
Property Owner (if different than applicant)
* Printed Name
❑ Corporation ❑Limited Liability Company ❑ Trust❑ Partnership ❑ Other:
Phone
Date
❑ By signature below, I hereby acknowledge, as/on behalf of (circle one) the owner my understanding this application
will be considered in a quasi-judicial proceeding and that neither I, nor anyone on my behalf, may contact the Board of
Commissioners except through sworn testimony at the public hearing. (Applicable if box is checked)
Signature
Title
Applicant Email
Applicant Phone
Date
Address of Property Owner
" Property owner hereby grants permission to the Town of Huntersville personnel to enter the subject property for any purpose required in processing
this application.
Every owner of each parcel included in this application, or the owner (s) duly authorized agent, must sign this application.
If signed by an agent on behalf of the Owner, this petition MUST be accompanied by a Limited Power of Attorney signed
by the property owner (s) and notarized, specifically authorizing the agent to act on the owner (s) behalf in signing this
application. Failure of each owner, or their duly authorized agent, to sign, or failure to include the authority of the agent
signed by the property owner, will result in an INVALID APPLICATION. If additional space is needed for signatures,
attach the Town of Huntersville Signature Addendum Form.
Contact Information
Town of Huntersville Phone: 704-875-7000
Planning Department Fax: 704-875-6546
PO Box 664 Physical Address: 105 Gilead Road, Third Floor, Huntersville, INC 28078
Huntersville, INC 28070 Website: https://www.huntersville.org/228/Planning-Department
Received By Planning Department Staff:
Staff Initials:
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Last Updated September 2020