Ordinance No. 19697 - Laserfiche WebLink

Home Browse Search

ing the written application for variance, any written comments, and the applicant's compliance with variance conditions pre- viously imposed. The variance may be granted by the city manager when i t appears that compliance with the standards from which the variance is sought will produce unnecessary hardship to the applicant without equal or greater benefit to the public or that the purposes of the noise disturbance pro- visions can be served without a strict application thereof. 4. The city manager may impose limitations and condi- i n granting the variance i n order to protect affected persons from the noise disturbance. A vi al ati on of any such condi - tion or limitation shall constitute a violation of section 4.080~2~ of this code and grounds for revocation of the vari- ance. 5. A decision to grant ar deny a variance shall be in writing and shall state the reasons far such decision. The city manager shall notify the applicant of the decision and shall make it available to any person who has submitted written comments on the application. fi. The city manager may revoke a variance without a hear- ing upon finding that: a. The applicant has provided fa]se or misleading information, or omitted disclosure of a materi ai fact, on the application or related material; b. The applicant i s operating the sound source i n violation of this code or applicable 1 ocal , state or fed- eral law; c. The applicant has violated a condi ti on of vari - ance approval ; or, d. New information shows that the permitted activity or device would endanger property or the public health or safety. 1. The action of the city manager in denying a variance application or in revoking an issued variance may be appealed i n the manner provided by section 3.Ofi0 of this code . The decision of a heari ngs official on any such appeal i s final . The action of the city manager in approving a Class B variance may be appealed under the same procedures if such appeal can be decided in a timely way. Decisions of the city manager in approving a Cl ass A vari once are final . Section 3. The City Recorder, at the request of, or with the concur rence of the City Attorney, is authorized to administratively correct any reference errors contained herein or i n other provi si ans of the Eugene Code, 197, to the provisions added, amended or repealed herein. Section 4. That the matters contained herein concern the public wel - Ordinance - 3