San Marcos Development Code (effective November 3, 2021)

2 C H A P T E R

Development Procedures

6. Granting the variance application is consistent with any special criteria applicable to varying par ticular standards, as set for th in Chapters 3 through 7 of this Development Code; 7. The hardship or inequity suffered by applicant is not caused wholly or in substantial par t by the applicant; 8. The request for a variance is not based exclusively on the applicant’s desire for increased financial gain from the proper ty, or to reduce an existing financial hardship, and; 9. The degree of variance requested is the minimum amount necessary to meet the needs of the applicant and to satisfy the standards in this Section. Section 2.8.2.5 Expiration and Extension A. Expiration on Failure to File Application. Where the decision makers for the variance application and the development application are different, a variance to a standard applicable to the development application shall expire within ninety (90) days of the date the variance application is granted, unless the proper ty owner or applicant files the development application with the City in accordance with this Development Code within such period. The decision-maker may extend the time for filing the development application for good cause shown, but in any event, the expiration date for the variance shall not be extended beyond one year from the date the variance application was granted. B. Effect of Permit Expiration or Extension. Variances granted in relation to a development application shall remain in effect for the period the development permit is in effect, and shall expire upon expiration of the development permit. Extension of the development permit also shall result in extension of the variance. C. Effect of Application Denial. Denial of the development application in conjunction with which a variance application was granted or processed shall result in expiration of the variance.

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 2.8.2.4 Criteria 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 proper ties 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 proper ty right of the applicant; 4. Granting the variance application shall not be detrimental to the public health, safety or welfare, or injurious to other proper ty 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 proper ty;

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Amended: November 3, 2021 San Marcos Development Code