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<br />Chapter 1 Development Procedures - Article 10' Relief Procedures <br /> <br />(1) A variance petItIon shall be accompanied by a development application <br />prepared consistent with the requested variance, if the decision-maker for the <br />variance petition and the decision-maker for the development application are <br />the same. <br /> <br />(2) If the body deciding the variance petition is different from the official or body <br />deciding the development application, the petition shall be accompanied by <br />illustrations or other documents showing the effect of the requested variance <br />on development to be proposed in the application. <br /> <br />(c) Time for Filing Petition. <br /> <br />(1) A variance petition must be filed with the development application for which <br />an applicable standard is to be varied, if the decision-maker for the variance <br />petition and the decision-maker for the application are the same. <br /> <br />(2) A variance petition that is to be decided by a different body than the decision- <br />maker on the development application must be filed with the board, <br />commission or the City Council deciding the variance petition prior to filing <br />of the development application. Where the decision-makers for the variance <br />petition and the development application are different, no development <br />application dependent upon approval of the pending variance petition shall be <br />accepted for filing until a final decision has been reached on the petition. <br /> <br />Section 1.10.2.3 <br /> <br />Processing of Petitions and Decision <br /> <br />(a) Responsible Official. The responsible official for a variance petItIon is the <br />responsible official designated by this Land Development Code for processing of the <br />development application identified in the variance petition. Upon receipt of a variance <br />petition, the responsible official shall transmit the petition to the decision-maker for <br />processing and determination in accordance with this section. <br /> <br />(b) Hearing and Notice. <br /> <br />(1) Where the decision-makers for the variance petition and the development <br />application are the same, notification of the requested variances shall be <br />provided in conjunction with any required notification for the development <br />application. A public hearing on the variances requested shall be required <br />only if a public hearing is required on the development application and shall <br />be conducted in conjunction with such hearing. <br /> <br />(2) Where the decision-makers for the variance petition and the development <br />application are different, personal notification of a public hearing before the <br />Zoning Board of Adjustments, Planning and Zoning Commission or the City <br />Council deciding the variance petition shall be provided. The public hearing <br /> <br />City of San Marcos, Texas <br /> <br />1-156 <br /> <br />Land Development Code - Final <br /> <br />It <br /> <br />It <br /> <br />, <br />