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Subpart B - LAND DEVELOPMENT CODE <br />Chapter 1 - DEVELOPMENT PROCEDURES <br />ARTICLE 10: - RELIEF PROCEDURES <br />DIVISION 2: - VARIANCE PETITIONS <br />titVt',„ tiN 2. - VARIAI WIE' PETITHKS <br />Section 1 „10...2 „1 ,,. Puirpose, AppIllicalb111111ty and Ilf;; °ff f <br />(a) Purpose. The purpose of a variance petition is to vary one or more standards applicable to a development <br />application, subject to the limitations set forth in this Section or elsewhere in this Land Development Code. A <br />variance petition shall not be used as a means of amending the text of this Land Development Code or of changing a <br />zoning district or other legislative classification of the property for which the variance is sought. A variance petition <br />cannot be used as a means to contest the applicability of a standard to a development application, an exemption <br />determination, or a decision on a development application. <br />(b) Applicability. A variance petition may be filed to modify any standard applicable to an administrative or quasi - judicial <br />development application, unless otherwise prohibited by this Land Development Code. The variance petition shall be <br />decided by the responsible official, board, commission or the City Council as designated in the regulations <br />establishing the procedures for the development application. A variance petition may not be used to vary standards <br />applicable to a petition for a legislative decision. <br />(c) Effect. The granting of a variance petition in whole or in part authorizes the petitioner to submit a development <br />application that complies with the standard as varied or modified, and authorizes the decision -maker to evaluate the <br />application using the varied standard, for the duration of the variance. <br />Section 1 „10...2...2 ,,. Illy fiiifiiioin Requirements <br />(a) Who May Petition. A variance petition may be filed by a property owner or the applicant for any administrative or <br />quasi-judicial development application. <br />(b) Form of Petition. A variance petition shall be prepared in accordance with Chapter 1 of the Technical Manual. The <br />variance petition shall contain a detailed written statement of the reasons why the standards to be varied should not <br />be applied to the development application identified in the petition, and shall be accompanied by the fee established <br />by the City Council. <br />(1) A variance petition shall be accompanied by a development application prepared consistent with the requested <br />variance, if the decision -maker for the variance petition and the decision -maker for the development application <br />are the same. <br />(2) If the body deciding the variance petition is different from the official or body deciding the development <br />application, the petition shall be accompanied by illustrations or other documents showing the effect of the <br />requested variance on development to be proposed in the application. <br />(c) Time for Filing Petition. <br />(1) A variance petition must be filed with the development application for which an applicable standard is to be <br />varied, if the decision -maker for the variance petition and the decision -maker for the application are the same. <br />(2) A variance petition that is to be decided by a different body than the decision -maker on the development <br />application must be filed with the board, commission or the City Council deciding the variance petition prior to <br />filing of the development application. Where the decision - makers for the variance petition and the development <br />application are different, no development application dependent upon approval of the pending variance petition <br />shall be accepted for filing until a final decision has been reached on the petition. <br />San Marcos, Texas, Code of Ordinances Page 129 <br />