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City Council Meeting Minutes December 15, 2020 version of the Development Code, the developer may request a variance under the process provided in the former Land Development Code. The applicant is requesting a variance from cut and fill requirements under Sections 5.1.1.2(e) and 5.1.1.2(8), respectively. Per the LDC, "Cuts on a tract of land may not exceed four feet of depth...." Similarly, "Fill on a tract of land may not exceed four feet in depth..." Under Section 5.1.1.2(i), the Engineering Director may approve a variance from cut and fill requirements of not more than eight feet, and the City Council may approve a variance for a cut or fill greater than eight feet. The applicant is requesting a variance to allow cuts and fill up to 15 feet, and has submitted a formal request. Staff has reviewed the request and found the following: • Granting the variance petition will not be detrimental to the public health, safety or welfare, or injurious to other property within the area; • Granting the variance petition will not have the effect of preventing the orderly use and enjoyment of other land within the area in accordance with the provisions of this Code, or adversely affect the rights of owners or residents of surrounding property; • The degree of variance requested is the minimum amount necessary to meet the needs of the petitioner and to satisfy the standards in this Section. The motion to approve carried by the following vote: For: 7 - Mayor Pro Tem Derrick, Mayor Hughson, Council Member Baker, Council Member Gonzales, Deputy Mayor Pro Tem Scott, Council Member Garza and Council Member Gleason Against: 0 19. Consider approval of Resolution 2020-274R, approving a variance from the parking requirements applicable in the Whisper Planned Development District to allow for 12 rows of parking within the first layer along Fortuna Road for an approximately 71 acre portion of the Development bounded by Yarrington Road, Fortuna Road and Opportunity Boulevard; and declaring an effective date. MAIN MOTION: a motion was made by Deputy Mayor Pro Tem Scott, seconded by Mayor Pro Tem Derrick, to approve Resolution 2020-274R. Shannon Mattingly, Director of Planning and Development Services provided a brief presentation. Ms. Mattingly stated the property is subject to the Whisper Planned Development District (PDD), which was approved in 2017. Parking in the PDD City of San Marcos Page 17