Ord 1983-037 - Laserfiche WebLink

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3. That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and, 4. That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this ordinance. Such findings of the Commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Commission meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this ordinance so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship. SECTION 3. That Section E of Article IV of Appendix C of the Code of Ordinances, City of San Marcos, Texas, is here- by amended to read as follows: Section E. Appeal. Any person or persons, jointly or severally aggrieved by any decision of the Planning Commission may present to the City Council a statement, duly verified, setting forth that such decision is unjust, in whole or in part, specifying the grounds of injustice. Such statement shall be presented to the Council within thirty (30) days after the final decision of the Planning Commission, and not thereafter, for notification and calling of a public hearing to hear and act on the appeal. SECTION 4. That Section D(2) (c) of Article V of Appendix C of the Code of Ordinances, City of San Marcos, Texas, is hereby amended to read as follows: Section D(2) (c) c. The Planning Commission, with the concurrence and approval of the City Council, shall deter- mine and set forth a fee schedule for the purpose of recovering the administrative cost of processing subdivision requests and public hearings as called for by this article or State law. Such fee shall be paid by the applicant and shall not be designed for restricting an applicant's ability to seek a hearing and/or generate revenue for other than recovery of actual administrative costs incurred by the City. SECTION 5. That Section D(4) of Article V of Appendix C of the Code of Ordinances, City of San Marcos, Texa s, is hereby amended to read as follows: Section D(4) 4. Environmental assessment statement: An environmen- tal assessment is required to be completed. There is a format to be used in completimçg. this assessment. a. The Director of Flanning shall make sure that all interested parties shall review -2-