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DRAFT 12/13/06 <br />for decision may be extended to 30 days if a public hearing <br />on the application is held. <br />2. The city manager may, on the city’s manager’s own motion, <br />hold a public hearing on the application before deciding to <br />grant or deny the variance. <br />3. The city manager may grant a variance after considering the <br />written application for variance, any written comments, and <br />the applicant's compliance with variance conditions <br />previously imposed. The variance may be granted by the <br />city manager when it appears that compliance with the <br />standards from which the variance is sought will produce <br />unnecessary hardship to the applicant without equal or <br />greater benefit to the public or that the purposes of the noise <br />disturbance provisions can be served without a strict <br />application thereof. <br />4. The city manager may impose limitations and conditions <br />granting the variance in order to protect affected persons <br />from the noise disturbance. A violation of any such condition <br />or limitation shall constitute a violation of section 4.080(2) of <br />this code and grounds for revocation of the variance. <br />5. A decision to grant or deny a variance shall be in writing and <br />shall state the reasons for such decision. The city manager <br />shall notify the applicant of the decision and shall make it <br />available to any person who has submitted written <br />comments on the application. <br />6. The city manager may revoke a variance without a hearing <br />upon finding that: <br />a. The applicant has provided false or misleading <br />information, or omitted disclosure of a material fact, on <br />the application or related material; <br />b. The applicant is operating the sound source in violation <br />of this code or applicable local, state or federal law; <br />c. The applicant has violated a condition of variance <br />approval; or, <br />d. New information shows that the permitted activity or <br />device would endanger property or the public health or <br />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 appeal <br />is final. The action of the city manager in approving a Class <br />B variance may be appealed under the same procedures if <br />such appeal can be decided in a timely way. Decisions of <br />the city manager in approving a Class A variance are final.] <br /> <br />Ordinance - <br />4 <br /> <br />