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ATTACHMENT B <br />\[9.7885\] 9.7835 and the approval criteria contained in EC 9.8715. In the case <br />of public utility easements, statements of concurrence with the vacation from <br />affected utility providers must be submitted with the application. <br />(2) <br /> Vacation of improved public easements, unimproved public right-of-way, and <br />vacation and rededication of unimproved public rights-of-way, except <br />improved public easements and public right-of-way located within <br />undeveloped subdivision or partition plats, shall be considered in accordance <br />with the Type II Application Procedures contained in EC 9.7000 through <br />\[9.7885\] 9.7835 and the approval criteria contained in EC 9.8720. In the case <br />of public utility easements, letters of concurrence to the vacation from affected <br />utility providers must be submitted with the application. <br /> <br /> <br /> Section 38 <br />. Section 9.8750 of the Eugene Code, 1971, is amended to provide as follows: <br />9.8750Purpose of Variances <br /> . The provisions of EC 9.5750(9), 9.6708, and 9.8750 <br />through 9.8760 allow for partial or full exemption from specific land use code <br />standards only when, because of special circumstances applicable to the property, <br />including location, shape, size, surroundings, or topography, the strict application of <br />those regulations would deny the property owner uses enjoyed by other property <br />owners in the vicinity and under identical zones. Any variance granted shall be <br />subject to conditions that ensure the variance does not constitute a granting of <br />special uses inconsistent with the limitations upon other properties in the vicinity and <br />zone in which the property is situated. The city shall not grant variances which allow <br />uses not on the applicable list of allowed uses specified in EC 9.2000 through <br />\[9.3915\] 9.3980 of this land use code. <br /> <br /> <br /> Section 39 <br />. Subsection (1) of Section 9.8755 of the Eugene Code, 1971, is amended to <br />provide as follows: <br />9.8755Applicability. <br /> Unless specified otherwise in another land use code section, the <br />planning director may grant variances only to the standards prescribed in: <br />(1) <br /> EC 9.2000 to \[9.3915\] 9.3980 for the following: <br />(a) Building Height. <br />(b) Fences and Walls. <br />(c) Front Yard Setbacks. <br />(d) Interior Yard Setbacks. <br /> <br /> <br /> Section 40 <br />. Subsection (4) of Section 9.8760 of the Eugene Code, 1971, is amended to <br />provide as follows: <br />9.8760 Approval Criteria for Variances. <br />The planning director shall approve, conditionally <br />approve, or deny a variance, with findings and conclusions thereon following a Type <br />II process. Approval, or conditional approval shall be based on compliance with all <br />the following criteria: <br />(4) <br /> In addition to the above criteria, the following 3 criteria apply to variances <br />from code sections that apply to EC 9.6410 Motor Vehicle Parking Standards, <br />Ordinance - Page 14 of 16 <br /> <br />