Ord 2001-077 - Laserfiche WebLink

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request \vith the plmming director "vithin ten days of the date of the denial. The appeal request must contain a statement of the basis for the appeal, and must be accompanied by technical information, if necessary, in support of the appeal. Upon receipt of a timely, complete appeal request, the planning director ',vill place the appeal on the next a'lailable meeting agenda of the commission, in accordance with the planning director's 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 a development plat based on the recommendation of the engineering director, a qualified geologist, or a Texas licensed professional engineer. (b) Variances. (l) The commISSIOn may authorize a variance from the standards of this article. Variances from the processes described in this article are not permitted. In granting a variance, the commission may prescribe conditions that it deems necessary or desirable in the public interest. 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 '",ill 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 shall be granted unless the commission approves the variance by a vote of three fourths of the members present, and makes all of the follo'Ning 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 physicallimitutions, 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 injurious to other property in the area. (D) The granting of the variance will not ha'/e the effect of preventing the orderly development of other land in the area in accordance viith this article. (2) l~ completed application for a '/ariance must be submitted by the applicant to the planning director by 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. Tho applicant must provide in the application the factual basis for the findings required to be made by the commission under subdivision (1) abo'/e. (3) The findings of the commission, together with the specific facts upon "vhich the findings are based, shall be incorporated into the official minutes of the commission meeting at "vhich a variance is granted. Sec. 94.516. Responsibility for compliance Regulated actiyities in transition zone. C:\TEMP\Edwards Regulations revision final.doc 33