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<br />Chapter 1 Development Procedures - Article 10' Relief Procedures <br /> <br />(5) Granting the variance petItIon will not have the effect of preventing the <br />orderly use and enjoyment of other land within the area in accordance with the <br />provisions of this Code, or adversely affect the rights of owners or residents of <br />surrounding property; <br /> <br />(6) Granting the variance petition is consistent with any special criteria applicable <br />to varying particular standards, as set forth in Chapters 4 through 7 of this <br />Land Development Code; <br /> <br />(7) The hardship or inequity suffered by petitioner is not caused wholly or in <br />substantial part by the petitioner; <br /> <br />(8) The request for a variance is not based exclusively on the petitioner's desire <br />for increased financial gain from the property, or to reduce an existing <br />financial hardship; and <br /> <br />(9) The degree of variance requested is the minimum amount necessary to meet <br />the needs of petitioner and to satisfy the standards in this section. <br /> <br />Section 1.10.2.5 <br /> <br />Expiration and Extension <br /> <br />(a) Expiration on Failure to File Application. Where the decision-makers for the <br />variance petition and the development application are different, a variance to a <br />standard applicable to the development application shall expire within 90 days of the <br />date the variance petition is granted, unless the property owner or applicant files the <br />development application with the City in accordance with this Land Development <br />Code within such period. The decision-maker may extend the time for filing the <br />development application for good cause shown, but in any event, the expiration date <br />for the variance shall not be extended beyond one year from the date the variance <br />petition was granted. <br /> <br />(b) Effect of Permit Expiration or Extension. Variances granted in conjunction with a <br />development application remain in effect for the period the development permit is in <br />effect, and expire upon expiration of the development permit. Extension of the <br />development permit also shall result in extension of the variance. <br /> <br />(c) Effect of Application Denial. Denial of the development application in conjunction <br />with which a variance petition was granted or processed shall result in expiration of <br />the variance. <br /> <br />City of San Marcos, Texas <br /> <br />1-158 <br /> <br />Land Development Code - Final <br /> <br />It <br /> <br />It <br /> <br />, <br />