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<br /> § 36-12 SAN MARCOS RIVER CORRIDOR § 36-13 <br /> petent jurisdiction to require the property owner to accom- <br /> plish necessary maintenance. "Necessary maintenance" is <br /> that maintenance needed to bring the detention facility <br /> and/or improvement into compliance with this [chapter] or <br /> other applicable ordinances, laws or regulations. (Ord. No. <br /> 1985-79, § 1(12),8-1-85) <br /> Sec. 36-13. Variances. <br /> The planning commission may authorize a variance from this <br /> chapter when, in its opinion, undue hardship will result from <br /> requiring strict compliance. In granting a variance, the commis- <br /> sion shall prescribe conditions that it deems necessary to or de- <br /> sirable in the public interest. In making the findings hereinbelow <br /> required, the commission shall take into account the nature of <br /> the proposed use of the land involved, existing uses of land in the <br /> vicinity, and the probable effect of such variance upon the San <br /> Marcos River, and upon the public health, safety, convenience <br /> and welfare in the vicinity. No variance shall be granted unless <br /> the commission finds: <br /> (1) That there are special circumstances or conditions affect- <br /> ing the land involved such that the strict application of the <br /> provisions of this chapter would deprive the applicant of <br /> the reåsonable use of the land; and <br /> (2) That the variance is necessary for the preservation and <br /> enjoyment of a substantial property right of the applicant; <br /> and <br /> (3) That the granting of the variance will not be detrimental <br /> to the public health, safety or welfare, or injurious to other <br /> property in the area; and <br /> (4) That the granting of the variance will not .have the effect <br /> of preventing the orderly subdivision of other land in the <br /> area in accordance with the provisions of this chapter. <br /> Such findings of the commission, together with the specific facts <br /> upon which such findings are based, shall be incorporated into <br /> the official minutes ofthe commission meeting at which such variance <br /> is granted. Variances may be granted only when in harmony <br /> with the general purpose and intent of this chapter so that the <br /> Supp. No. 20 1060.155 <br />