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Ord 2004-092
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Ord 2004-092
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Last modified
6/2/2008 1:25:19 PM
Creation date
8/27/2007 9:05:40 AM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
2004-92
Date
12/13/2004
Volume Book
159
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<br />Chapter 1 Development Procedures - Article 10 Relief Procedures <br /> <br />(2) The approved or filed development application(s) upon which relief IS <br />premised under the petition; <br /> <br />(3) Current standards which shall apply to the development application for which <br />relief is sought; <br /> <br />(4) Prior standards which shall apply to the development application for which <br />relief is sought, including any procedural standards; <br /> <br />(5) The statutory exception or other grounds upon which relief is denied in whole <br />or in part on the petition; and <br /> <br />(6) To the extent feasible, subordinate development applications that are subject <br />to the same relief granted on the petition. <br /> <br />(h) Application Following Final Decision on Petition. Following the City's final <br />decision on the vested rights petition, the property owner shall conform the <br />development application for which relief is sought to such decision. The decision- <br />maker on the development application shall consider any application revised under <br />this subsection in accordance with the procedures for deciding the initial application <br />under this Land Development Code and in conformity with the relief granted on the <br />petition. If the relief granted on the vested rights petition is consistent with the <br />development application on file, no revisions are necessary. If proceedings have been <br />stayed on the development application pending referral of the vested rights petition to <br />the City Council under subsection (d), proceedings on the application shall resume <br />after the Council's decision on the vested rights petition. <br /> <br />Section 1.10.4.4 <br /> <br />Criteria for Approval <br /> <br />(a) Factors. The responsible official or the City Council, as the case may be, shall decide <br />the vested rights petition based upon the following factors: <br /> <br />(1) The nature and extent of prior development applications filed or approved for <br />the land subject to the petition; <br /> <br />(2) Whether any prior vested rights determinations have been made with respect <br />to the property subject to the petition; <br /> <br />(3) Whether any prior approved applications for the property have expired or <br />have been terminated in accordance with law; <br /> <br />(4) Whether specific standards otherwise applicable affect lot size, lot <br />dimensions, lot coverage or building size based upon the proposed <br />development application; <br /> <br />City of San Marcos, Texas <br /> <br />1-166 <br /> <br />Land Development Code - Final <br /> <br />It <br /> <br />It <br /> <br />, <br />
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