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• <br /> r <br /> DEVELOPMENT PROCEDURE' <br /> 2. Decision on Appeal.The appellate body shall decide the C. Effect.The granting of a variance application in whole or in parl <br /> appeal within thirty(30)working days of the close of the authorizes the applicant to submit a development application <br /> public hearing.The appellate body shall affirm, reverse or that complies with the standard as varied or modified, and <br /> modify the decision from which the appeal was taken. authorizes the decision-maker to evaluate the application using <br /> the varied standard,for the duration of the variance. <br /> Section 2.8.1.4 Criteria <br /> Section 2.8.2.2 Application Requirements <br /> A. The appellate body shall apply the same criteria that govern the <br /> decision on the development application under the provisions A. Who May Apply.A variance application may be filed by a <br /> of this Chapter 2 unless otherwise stated in this Development property owner or the applicant for any administrative or quasi- <br /> Code. judicial development application. <br /> Section 2.8.1.5 Expiration and Extension B. A variance application shall be prepared in accordance with <br /> Section 2.3.1.1. <br /> A. For purposes of determining expiration or extension periods <br /> under this Development Code,the date of the appellate C. The variance application shall contain a detailed written <br /> body's granting of relief on an appeal is the date on which the statement of the reasons why the standards requested to be <br /> development application is deemed approved. varied should not be applied. <br /> D. The variance application shall be accompanied by the fee <br /> DIVISION 2. VARIANCES established by the City Council. <br /> Section 2.8.2.1 Purpose,Applicability and Effect E. A variance application shall be accompanied by illustrations or <br /> A. Purpose.The purpose of a variance application is to vary one other documents showing the effect of the requested variance <br /> or more standards applicable to a development application, on development to be proposed in the application. <br /> subject to the limitations set forth in this section or elsewhere F. Time for Filing Application.A variance application must be <br /> in this Development Code. filed prior to filing of the development application for which the <br /> 1. A variance application shall not be used as a means variance is requested. <br /> of amending the text of this Development Code or of Section 2.8.2.3 Approval Process <br /> changing a zoning district, or other legislative classification <br /> of the property for which the variance is sought. A. Responsible Official Action <br /> 2. A variance application shall not be used as a means to 1. Upon receipt of a variance application,the Responsible <br /> contest the applicability of a standard to a development Official shall transmit the application to the Zoning Board <br /> application, an exemption determination, or a decision on of Adjustments for processing and determination in <br /> a development application. accordance with Section 2.3.1.1 <br /> 3. Variance applications shall be decided by the Zoning Board 2. The Responsible Official shall provide personal notification <br /> of Adjustments.A variance application may not be used to of the public hearing before the Zoning Board of <br /> vary standards applicable to an application for a legislative Adjustments in accordance with Section 2.3.2.1. <br /> decision. <br /> 3. The Responsible Official shall provide a report and <br /> B. Applicability.A variance application may be filed to modify any analysis on the criteria in Section 2.8.2.4 to the Zoning <br /> standard other than a use standard which is applicable to an Board of Adjustments. <br /> administrative or quasi-judicial development application, unless <br /> otherwise specified by this Development Code. 4. The Responsible Official shall conduct a public hearing in <br /> accordance with Section 2.3.3.1. <br /> 2:44 San Marcos Development Code Adopted April 17,2018 <br />