Ord 2001-077 - Laserfiche WebLink

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(1l) The extent to which the owner of the property had actual or constructive notice of regulations or proposed changes in regulations relating to develoj)ment over the Edwards Aquifer; (12) Whether development of the land in accordance with the application and in the absence of applying the standards in this article will constitute a public or private nuisance; and (13) The extent to which development of the land in accordance with the application and in the absence of applying the standards in this article is materially and substantially detrimental to the public health and safety. (QLAction bv citv council. The city council may take either of the following actions on a petition submitted under this section: (1) Deny the petition for relief, and either uphold the decision of the planning director or the commission on the aquifer protection plan, or, if the council is the final decision-maker on the plan, require that an aquifer protection plan be prepared consistent with the standards in this article; or Ql Grant the relief sought in the petition in whole or in part, reversing or modifying the decision of the planning director or the commission on the aquifer protection plan, and direct that the development application be processed and evaluated in a manner consistent with such determination. In granting relief under the petition, the city council, by a vote of two-thirds of its members present (but in no event fewer than a maiority of the entire council), may waive or modify the standards applicable to the aquifer protection plan, or impose reasonable conditions on the development application, related to the aquifer protection plan, in order to implement the relief granted. The action taken by the Council under this section will not dej)rive the commission of its final approval authority over subdivision plats. ~ Waiver of claims. The relief granted in response to a petition under this section will be deemed null and void, and all claims pertaining to vested rights, loss of economically viable use, or devaluation of land by 25% or more, will be deemed waived and forfeited, if any of the following events occurs: (1) A complete application for approval of the development, consistent with the city council's determination on the petition, is not filed with the planning director within 30 days of the date of the determination; or (2) The development application IS subsequently denied for failure to comply with regulations governing the application; or (3) Approval of the development application has expired or is revoked. C:\TEMP\Edwards Regulations revision tinal.doc 27