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(b) The city council may grant a variance in whole or in part from any requirement of this <br />division, upon written request by a property owner, following a public hearing. The council will <br />grant a variance only upon finding that a strict application of a requirement would, when <br />regarded as a whole, result in confiscation of the property owner's property. <br />(c) If the city council grants a variance to the amount of the impact fee due for a new <br />development under this section, the council shall transfer the amount of the reduction in the <br />impact fee to the proper impact fee account from city funds other than its water or wastewater <br />utilities. <br />Subdivision 2. — Land U.se Assumptions <br />Sec. 86.311. Land use assumptions. <br />(a) The amended system -wide land use assumptions for the City of San Marcos, on which the <br />capital improvements plan for water and wastewater facilities are based, are identified in <br />Section 3 of the Impact Fee Report which is attached as Exhibit A and incorporated herein <br />for all purposes are adopted. <br />(b) The system -wide land use assumptions may be amended from time to time, under the <br />procedures in section 86.306. <br />Subdivision 3. Water Facilities Impact Fees <br />Sec. 86.312. Impact fee water service area. <br />(a) An amended impact fee water service area is established, consisting of the land within the <br />city limits and within portions of the city's extraterritorial jurisdiction depicted in Section 2 <br />of the Impact Fee Report attached hereto as Exhibit A of this ordinance and is adopted and <br />incorporated herein.. <br />(b) The boundaries of the impact fee water service area may be amended from time to time, or <br />new water service areas may be delineated, under the procedures in section 86.306. <br />Sec. 86.313. Water improvements plan. <br />(a) The amended city water improvements plan included in Table 5 of the Impact Fee Report <br />attached as Exhibit A is adopted and incorporated herein. <br />(b) The water improvements plan may be amended from time to time under the procedures in <br />section 86.306. <br />Sec. 86.314. Water facilities impact fee <br />(a) The maximum impact fee per service unit for water facilities included in The Impact Fee <br />Report, Table 8 is adopted and included by reference in this division. <br />16 <br />