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Jamestown City Zoning Code

APPENDIX 2

VARIANCE REQUEST APPLICATION

Town of Jamestown
Planning Department
Application for Variance

Applicant: ___________ Address:  ____________

Phone Number: ________ Email:  ____________

Owner's Name (if different than above):  ____________

Owner's Address (if different than above):  ____________

Owner's Phone (if different than above):  ____________

Parcel Tax Map, Block, & Lot #:  ____________

Deed/Plat Book & Page: _______Acreage being rezoned:  ____________

Total Parcel acreage: _______

Purpose for Variance Request (attach additional sheets if
necessary):  ____________

____________

____________

____________

____________

Applicant's Statement of Grounds for
Variance:  ____________

____________

____________

____________

____________

TO THE TOWN OF JAMESTOWN BOARD OF ADJUSTMENT:

I, ___________, hereby petition the board of adjustment for a VARIANCE from the literal provisions of the Town of Jamestown Development Ordinance because, under the interpretation given to me by the Zoning Enforcement Officer, I am prohibited from using the parcel of land described in a manner shown by the plot plan attached to that form. I request a variance from the following provisions of the ordinance (cite paragraph
numbers):  ____________

____________

So that the above-mentioned property can be used in a manner indicated by the plot plan attached or, if the plot plan does not adequately reveal the nature of the variance, as more fully described
herein:  ____________

____________

____________

FACTORS RELEVANT TO THE ISSUANCE OF A VARIANCE:

The board of adjustment does not have unlimited discretion in deciding whether to grant a variance. Under the State law and per the Jamestown Development Ordinance, the Board is required to reach certain conclusions before it may issue a variance. These are as follows:

(1)

The hardship of which the applicant complains results from unique circumstances relate to the applicant's property.

(2)

The hardship relates to the applicant's property, rather than personal circumstances.

(3)

The hardship is not the result of the applicant's own actions.

The applicant MUST describe how he/she intends to meet each of these criteria in the "applicant's statement of grounds for a variance" above.

I certify that all of the information presented by me in this applicant is accurate to the best of my knowledge, information, and belief.BY SIGNING THIS FORM, YOU ARE GRANTING PERMISSION FOR MEMBERS OF THE STAFF OR ANY APPOINTED OR ELECTED BOARD THE RIGHT TO ACCESS YOUR PROPERTY, INCLUDING BUT NOT LIMITED TO THE USE OF UNMANNED AERIAL SYSTEMS TO OVERFLY YOUR PROPERTY.

______________________(Signature of applicant)

NORTH CAROLINA
GUILFORD COUNTY

I, ___________, a Notary Public of North Carolina certify that ___________, and ___________, and ___________ personally came before me this day and acknowledged the due execution of the foregoing instrument.

Witness my hand and official seal, this the _____ day of _______, 20___.

(Official Seal)

___________
 Notary Public

___________
 Printed Name of Notary Public

My Commission Expires: ________

Procedure:

The board of adjustment shall fix a reasonable time for holding a public hearing on the variance request. At least ten (10) days before the date of the hearing, the Town of Jamestown shall mail written notice of the hearing to all parties in interest and to adjoining property owners. A suitable notice shall also be published in the local paper.

Appeals:

Any appeals to the findings by the board of adjustment must be appeal directly to the Guilford County Superior Court, and must be filed within thirty (30) days after the decision of the Board is filed with the Town Manager, or after a written copy of the decision in delivered to every aggrieved party who has filed a written request for a copy with the Town Manager at the time of hearing of the case, whichever is later.

Additional Requirements: (this application and the following items must be supplied at the time of a request for a variance):

1.

Fee of $250.00.

2.

Ten (10) copies of Tax Map or other drawing showing location of proposed zoning line(s) and nature of variance request.

3.

List of adjacent property owners for all land owners with property lines touching the subject parcel(s) and across the street from subject property.

4.

Copy of Deed and/or subdivision map from Register of Deeds.

For Office Use Only:

Date Variance Request Filed:________

Fees Paid:________

Date Variance Granted/Denied:________