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1987-1991959E • NO . / -~ C AN ORDINANCE AMENDING CHAPTER III OF ARTICLE I OF APPENDIX A OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY REVISING THE PROCEDURES, STANDARDS AND REQUIREMENTS FOR RECEIVING A VARIANCE OR MODIFICATION OF THE PROVISIONS OF APPENDIX A; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Chapter III ("Variations") of Article I of Appendix A of the Code of Ordinances of the City of Denton, Texas, is amended to read as follows: CHAPTER III. VARIANCES AND MODIFICATIONS A. General. After receiving the recommendation of the Planning and Zoning Commission, the City Council may, where special or peculiar conditions would make strict compliance with any requirement of this Code unreasonable or impractical, grant a variance to or modification of the requirement if it finds that all of the following have been met: 1. Granting of the request would not violate any master plans as defined by Appendix A- Subdivision Regulations of the Code; 2. The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the property, which are not generally common to other properties. 3. The special or peculiar conditions upon which the request is based did not result from or was not created by the owner's or any prior owner's action or omission. B. Conditions. If the Council finds that a variance or modification should be granted in accordance with the provisions stated above, it may impose conditions relating to the modification or variance as will, in its judgment, substantially secure the objectives of the standards or requirements of the Code for which the modification or variance was granted. C Procedures A petition for a variance or modifi- cation of any requirement of this Code shall be submitted in writing, in the manner specified by the Department, at the time the preliminary plat is filed for consideration with the Commxss~on The petition shall set forth in detail the grounds for the variance or modIfication The Commission's recommendation and the Council's final dec~slon shall be made after public hearings are held, for which the applicant and abutting property owner's shall be g~ven prior notice The recommendation of the Commission and the dec~slon of the Council granting or denying the petition shall be reduced to writing, stating the reasons therefor No petition for the same varxance or modification shall be resubmitted w~thln twelve months of a prior decision thereon SECTION II That this ordinance shall become effective immediately upon 1ts passage and approval ATTEST JER~FER-~ALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY PAGE 2