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<br /> <br /> I <br /> <br /> EXCAVATIONS § 8-12 <br /> <br /> I (c) The request ahall be referred to the planning commis- <br /> sion for study concerning its effect on the character and <br /> ' development of adjacent areas. The planning commission <br /> shall make its recommendation within sigty (60) days to the <br /> council, if no recommendation is made within that time, the <br /> council may act without the recommendation. <br /> (d) In considering applications for variances, the council <br /> shall consider the advice and recommendations of the <br /> planning commission and the effect of the proposed <br /> variance upon the health, safety, and general welfare of the <br /> community existing and anticipated and the effect of the <br /> proposed variance. <br /> (e) If the council shall determine that the special <br /> conditions applying to the land in question are peculiar to <br /> such property, and do not apply generally; that the granting ' <br /> of the variance is necessary; that granting the variance will <br /> not in any way impair health, safety, comfort, morals, or in <br /> any other respect be contrary to the intent of this chapter, <br /> and that the granting of such variance will not merely serve <br /> as a convenience to the applicant, but is necessary to <br /> alleviate demonstrable hardship or difficulty, the council <br /> may grant such variances and impose conditions and <br /> safeguards therein. <br /> (f) Variances may be denied by motion of the council and <br /> such motion shall constitute a finding and determination <br /> that the conditions required for approval do not. egist. No <br /> application for a variance which has been denied wholly or <br /> in part shall be resubmitted for a period of sig (6) months <br /> from the date of said order of clenial, except on grounds of <br /> new evidence or proof of change of conditions found to be <br /> valid by the planning commission. <br /> (g) A violation of any condition set forth in granting a <br /> variance shall be a violation of this chapter and automati- <br /> cally terminates the variance. <br /> (h) A variance ahall become void one (1) year after it was <br /> granted unlesa made use of. (Ord. No. 150, § 8.4, 12-16-71) <br /> 465 <br /> <br /> I <br />