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schedule of submission deadlines for commission meetings. The commission will consider the appeaL and will either sustain, modify or reverse the planning director's decision. The commission may impose conditions on its approval of an aquifer protection plan based on the recommendation of the engineering director, a qualified geologist, or a Texas-licensed engineer. D2l Variances. (1) The commission may authorize a variance from the standards of this article. In granting a variance, the commission may prescribe conditions that further the purposes of this article. In making the findings required in this subsection, the commission will take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, alternatives that will achieve the purpose and intent of this article, and the probable effect of the variance upon the quality of water in the aquifer. No variance will be granted unless the commission approves the variance by a vote of three- fourths of the members present, and makes all of the following findings based upon evidence presented to it: (A) There are unique conditions affecting the land involved that are not present or applicable to other property generally, such as terrain, floodplain, geologic, soil or tree cover conditions or other physical limitations, and these conditions cause extraordinary hardship in achieving strict compliance with this article. (B) Financial hardship is not the sole or primary basis for the variance request. (C) The granting of the variance will not be detrimental to the public health, safety or welfare or iniurious to other property in the area, and will not result in violation of the water quality standards contained in the TNRCC Edwards Aquifer rules. (D) The granting of the variance will not have the effect of preventing the orderly development of other land in the area in accordance with this article. (2) A completed application for a variance must be submitted by the applicant to the planning director on or before the submission deadline set by the planning director for a commission meeting, unless the commission finds good cause for accepting an application after that time. The applicant must provide in the application the factual basis for the findings required to be made by the commission under subdivision (1) above. (3) The findings of the commission, together with the specific facts upon which the findings are based, will be incorporated into the official minutes of the commission meeting at which a variance is granted. (c) Waiver. An appeal from the director's decision on an aquifer protection plan or request for variance from the requirements of this ordinance pursuant to this section must be accompanied by an unconditional waiver of any claim that the development application has not been processed in accordance with any time limits otherwise established by law. C:\TEMP\Edwards Regulations revision final.doc 21