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DRAFT 12/13/06 <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 />approving a variance may be appealed under the same <br />procedures if such appeal can be decided in a timely <br />way. <br /> <br /> <br />Section 3. <br /> The City Recorder, at the request of, or with the concurrence of the <br />City Attorney, is authorized to correct any reference errors contained herein, or in other <br />provisions of the Eugene Code, 1971, to the provisions added, amended or repealed <br />herein. <br /> <br />Ordinance - <br />8 <br /> <br />