San Marcos Development Code 9.1.2020

2 C H A P T E R

Development Procedures

C. Effect. The granting of a variance application in whole or in part authorizes the applicant to submit a development application that complies with the standard as varied or modified, and authorizes the decision-maker to evaluate the application using the varied standard, for the duration of the variance. Section 2.8.2.2 Application Requirements A. Who May Apply. A variance application may be filed by a property owner or the applicant for any administrative or quasi- judicial development application. B. A variance application shall be prepared in accordance with Section 2.3.1.1. C. The variance application shall contain a detailed written statement of the reasons why the standards requested to be varied should not be applied. D. The variance application shall be accompanied by the fee established by the City Council. E. A variance application shall be accompanied by illustrations or other documents showing the effect of the requested variance on development to be proposed in the application. F. Time for Filing Application. A variance application must be filed prior to filing of the development application for which the variance is requested. Section 2.8.2.3Approval Process 1. Upon receipt of a variance application, the Responsible Official shall transmit the application to the Zoning Board of Adjustments for processing and determination in accordance with Section 2.3.1.1 2. The Responsible Official shall provide personal notification of the public hearing before the Zoning Board of Adjustments in accordance with Section 2.3.2.1. 3. The Responsible Official shall provide a report and analysis on the criteria in Section 2.8.2.4 to the Zoning Board of Adjustments. 4. The Responsible Official shall conduct a public hearing in accordance with Section 2.3.3.1. A. Responsible Official Action

5. The Responsible Official shall notify the applicant of the decision on the variance application in the manner provided in Section 2.3.2.1 of this Development Code.

B. Zoning Board of Adjustments Action

1. The Zoning Board of Adjustments shall hold a public hearing and grant, grant subject to conditions or deny the request for one or more variances. C. Burden of Proof. The applicant bears the burden of proof to demonstrate that a variance to the standards applicable to a development application should be granted. Section 2.8.2.4Criteria for Approval A. In making its decision on the variance application, the Zoning Board of Adjustments shall apply the following criteria: 1. There are special circumstances or conditions arising from the physical surroundings, shape, topography or other feature affecting the land subject to the variance application, such that the strict application of the provisions of this Development Code to the development application would create an unnecessary hardship or inequity upon or for the applicant, as distinguished from a mere economic impact, an inconvenience, frustration of objectives in developing the land, not permitting the highest and best use for the land, or depriving the applicant of the reasonable and beneficial use of the land; 2. The circumstances causing the hardship do not similarly affect all or most properties in the vicinity of or similarly classified as the applicant’s land; 3. The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; 4. Granting the variance application shall not be detrimental to the public health, safety or welfare, or injurious to other property within the area; 5. Granting the variance application shall not have the effect of preventing the orderly use and enjoyment of other land within the area in accordance with the provisions of this Development Code, or adversely affect the rights of owners or residents of surrounding property;

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San Marcos Development Code Amended: September 1, 2020