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<br />41 <br /> <br />tI <br /> <br />I <br /> <br />Chapter 1 Development Procedures - Article 10. Relief Procedures <br /> <br />shall be conducted in accordance with Article 3, Division 3 of this Chapter 1, <br />and shall be held within 25 working days after the variance petition is filed <br />with the responsible official. <br /> <br />(c) Burden of Proof The petitioner bears the burden of proof to demonstrate that a <br />variance to the standards applicable to a development application should be granted. <br /> <br />(d) Decision on Petition. The body deciding the variance petition shall grant, grant <br />subject to conditions or deny the request for one or more variances. <br /> <br />(1) Where the decision-makers for the variance petition and the development <br />application are the same, the variance petition shall be decided within the <br />period within which the development application must be decided. <br /> <br />(2) Where the decision-makers for the variance petition and the development <br />application are different, the variance petition shall be decided within 30 <br />working days of the close of the public hearing. <br /> <br />(e) Notification of Decision on Petition. The petitioner shall be notified of the decision <br />on the variance petition in the manner provided in Section 1.3.2.1 of this Land <br />Development Code. <br /> <br />Section 1.10.2.4 <br /> <br />Criteria for Approval <br /> <br />(a) In deciding the variance petition, the decision-maker shall apply the following <br />criteria: <br /> <br />(1) There are special circumstances or conditions anSIng from the physical <br />surroundings, shape, topography or other feature affecting the land subject to <br />the variance petition, such that the strict application of the provisions of this <br />Land Development Code to the development application would create an <br />unnecessary hardship or inequity upon or for the petitioner, as distinguished <br />from a mere inconvenience, in developing the land or deprive the petitioner of <br />the reasonable and beneficial use of the land; <br /> <br />(2) The circumstances causing the hardship do not similarly affect all or most <br />properties in the vicinity of the petitioner's land; <br /> <br />(3) The variance is necessary for the preservation and enjoyment of a substantial <br />property right of the petitioner; <br /> <br />(4) Granting the variance petition will not be detrimental to the public health, <br />safety or welfare, or injurious to other property within the area; <br /> <br />City of San Marcos, Texas <br /> <br />1-157 <br /> <br />Land Development Code - Final <br />