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Res 1991-148
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Res 1991-148
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7/20/2007 11:05:56 AM
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City Clerk - Document
Resolutions
Number
1991-148
Date
11/4/1991
Volume Book
105
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<br /> § 10 SAN MARCOS CODE § 12 <br /> Section 10. Automatic issuance of permit if not denied; rea- <br /> sons for denial required. <br /> A site development permit not denied or disapproved by the <br /> city engineer, or his designated representative, within twenty <br /> (20) working days following the date of application shall be is- <br /> sued automatically to the applicant. If the city engineer, or his <br /> designated representative, denies the permit or disapproves it <br /> pending receipt of additional information, the shall notify the <br /> applicant in writing via certified mail. His letter to the applicant <br /> shall be accompanied by a detailed statement of the reasons for <br /> such action, which reasons must be based on standards contained <br /> herein. The permit shall be effective ten (10) days after issuance <br /> unless within that period an appeal is filed under section 12. <br /> (Ord. No. 1984-72, § 16, 6-13-84; Ord. No. 1984-77, § 2,7-25-84) <br /> Section 11. Aggrieved property owner may appeal denial <br /> of permit to the city council. <br /> If the site development permit is denied, the aggrieved prop- <br /> erty owner may appeal to the city council by filing a written <br /> notice with the city secretary. Said notice shall point out with <br /> specificity, in the opinion of the aggrieved property owner, the <br /> denial was improper. The city council shall set a date for a <br /> hearing upon such'appeal within fifteen (15) days of the date of <br /> filing and shall notify the property owner in writing of such <br /> hearing date. The city council may issue the permit if it finds <br /> that the city engineer, or his designated representative, exceeded <br /> his discretion in denying same. <br /> (Ord. No. 1984-72, § 16,6-13-84; Ord. No. 1984-77, § 2,7 -25-84) <br /> Section 12. Appeal of issuance of permit. <br /> (a) Any affected person owning property within two hundred <br /> (200) feet of the proposed development may appeal the issuance of <br /> a site development permit by the city engineer. <br /> (b) Such appeal must be made in writing to the city secretary <br /> within ten (10) days after the date of issuance of a site develop- <br /> ment permit and must contain specific engineering data compa- <br /> rable to that submitted as required by this ordinance showing <br /> that the requirements of this chapter have not been met by the <br /> site development plan for the subject property. <br /> Supp. No. 19 1224 <br />
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