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DRAFT 12/13/06 ATTACHMENT E <br />1. The city manager shall grant or deny the variance within <br />14 days of receiving a complete variance application. <br />The time for decision may be extended to 30 days if a <br />public hearing on the application is held. <br />2. The city manager may, on the city’s manager’s own <br />motion, hold a public hearing on the application before <br />deciding to grant or deny the variance. <br />3. The city manager may grant a variance after considering <br />the written application for variance, any written <br />comments, and the applicant's compliance with variance <br />conditions previously imposed. The variance may be <br />granted by the city manager when it appears that <br />compliance with the standards from which the variance <br />is sought will produce unnecessary hardship to the <br />applicant without equal or greater benefit to the public <br />or that the purposes of the noise disturbance provisions <br />can be served without a strict application thereof. <br />4. The city manager may impose limitations and conditions <br />granting the variance in order to protect affected <br />persons from the noise disturbance. A violation of any <br />such condition or limitation shall constitute a violation <br />of section 6.075 of this code and grounds for revocation <br />of the variance. <br />5. A decision to grant or deny a variance shall be in writing <br />and shall state the reasons for such decision. The city <br />manager shall notify the applicant of the decision and <br />shall make it available to any person who has submitted <br />written comments on the application. <br />6. The city manager may revoke a variance without a <br />hearing upon finding that: <br />a. The applicant has provided false or misleading <br />information, or omitted disclosure of a material <br />fact, on the application or related material; <br />b. The applicant is operating the sound source in <br />violation of this code or applicable local, state or <br />federal law; <br />c. The applicant has violated a condition of variance <br />approval; or, <br />d. New information shows that the permitted activity <br />or device would endanger property or the public <br />health or safety. <br />7. The action of the city manager in denying a variance <br />application or in revoking an issued variance may be <br />appealed in the manner provided by section 2.021 of this <br />code. The decision of a hearings official on any such <br />appeal is final. The action of the city manager in <br />Ordinance - <br />8 <br /> <br />