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'-3 <br /> DEVELOPMENT PROCEDURES <br /> r <br /> 5. The Responsible Official shall notify the applicant of 6. Granting the variance application is consistent with any <br /> the decision on the variance application in the manner special criteria applicable to varying particular standards, <br /> provided in Section 2.3.2.1 of this Development Code. as set forth in Chapters 3 through 7 of this Development <br /> Code; <br /> B. Zoning Board of Adjustments Action <br /> 7. The hardship or inequity suffered by applicant is not <br /> 1. The Zoning Board of Adjustments shall hold a public caused wholly or in substantial part by the applicant; <br /> hearing and grant,grant subject to conditions or deny the <br /> request for one or more variances. 8. The request for a variance is not based exclusively on the <br /> applicant's desire for increased financial gain from the <br /> C. Burden of Proof.The applicant bears the burden of proof to property, or to reduce an existing financial hardship, and; <br /> demonstrate that a variance to the standards applicable to a <br /> development application should be granted. 9. The degree of variance requested is the minimum amount <br /> necessary to meet the needs of the applicant and to <br /> Section 2.8.2.4 Criteria for Approval satisfy the standards in this Section. <br /> A. In making its decision on the variance application,the Zoning Section 2.8.2.5 Expiration and Extension <br /> Board of Adjustments shall apply the following criteria: <br /> A. Expiration on Failure to File Application.Where the decision- <br /> 1. There are special circumstances or conditions arising makers for the variance application and the development <br /> from the physical surroundings, shape,topography or application are different, a variance to a standard applicable <br /> other feature affecting the land subject to the variance to the development application shall expire within ninety(90) <br /> application,such that the strict application of the days of the date the variance application is granted, unless the <br /> provisions of this Development Code to the development property owner or applicant files the development application <br /> application would create an unnecessary hardship or with the City in accordance with this Development Code within <br /> inequity upon or for the applicant,as distinguished from such period.The decision-maker may extend the time for filing <br /> a mere economic impact,an inconvenience,frustration the development application for good cause shown, but in any <br /> of objectives in developing the land, not permitting event,the expiration date for the variance shall not be extended <br /> the highest and best use for the land, or depriving the beyond one year from the date the variance application was <br /> applicant of the reasonable and beneficial use of the land; granted. <br /> 2. The circumstances causing the hardship do not similarly B. Effect of Permit Expiration or Extension.Variances granted <br /> affect all or most properties in the vicinity of or similarly in relation to a development application shall remain in effect <br /> classified as the applicant's land; for the period the development permit is in effect, and shall <br /> 3. The variance is necessary for the preservation and expire upon expiration of the development permit. Extension <br /> enjoyment of a substantial property right of the applicant; of the development permit also shall result in extension of the <br /> variance. <br /> 4. Granting the variance application shall not be detrimental <br /> to the public health, safety or welfare,or injurious to other C. Effect of Application Denial.Denial of the development <br /> property within the area; application in conjunction with which a variance application <br /> was granted or processed shall result in expiration of the <br /> 5. Granting the variance application shall not have the effect variance. <br /> of preventing the orderly use and enjoyment of other <br /> land within the area in accordance with the provisions of <br /> this Development Code, or adversely affect the rights of <br /> owners or residents of surrounding property; <br /> Adopted April 17,2018 San Marcos Development Code 245 <br />