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<br />41 <br /> <br />41 <br /> <br />I <br /> <br />Chapter 1 Development Procedures - Article 10 Relief Procedures <br /> <br />Section 1.10.1.5 <br /> <br />Expiration and Extension <br /> <br />For purposes of determining expiration or extension periods under this Land Development Code, <br />the date of the appellate body's granting of relief on an appeal is the date on which the <br />development application is deemed approved. <br /> <br />Division 2: Variance Petitions <br /> <br />Section 1.10.2.1 <br /> <br />Purpose, Applicability and Effect <br /> <br />(a) Purpose. The purpose of a variance petition is to vary one or more standards <br />applicable to a development application, subject to the limitations set forth in this <br />section or elsewhere in this Land Development Code. A variance petition shall not be <br />used as a means of amending the text of this Land Development Code or of changing <br />a zoning district or other legislative classification of the property for which the <br />variance is sought. A variance petition cannot be used as a means to contest the <br />applicability of a standard to a development application, an exemption determination, <br />or a decision on a development application. <br /> <br />(b) Applicability. A variance petition may be filed to modify any standard applicable to <br />an administrative or quasi-judicial development application, unless otherwise <br />prohibited by this Land Development Code. The variance petition shall be decided <br />by the responsible official, board, commission or the City Council as designated in <br />the regulations establishing the procedures for the development application. A <br />variance petition may not be used to vary standards applicable to a petition for a <br />legislative decision. <br /> <br />(c) Effect. The granting of a variance petition in whole or in part authorizes the petitioner <br />to submit a development application that complies with the standard as varied or <br />modified, and authorizes the decision-maker to evaluate the application using the <br />varied standard, for the duration of the variance. <br /> <br />Section 1.10.2.2 <br /> <br />Petition Requirements <br /> <br />(a) Who May Petition. A variance petition may be filed by a property owner or the <br />applicant for any administrative or quasi-judicial development application. <br /> <br />(b) Form of Petition. A variance petition shall be prepared in accordance with Chapter I <br />of the Technical Manual. The variance petition shall contain a detailed written <br />statement of the reasons why the standards to be varied should not be applied to the <br />development application identified in the petition, and shall be accompanied by the <br />fee established by the City Council. <br /> <br />City of San Marcos, Texas <br /> <br />1-155 <br /> <br />Land Development Code - Final <br />