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... _~_.. ~_~~..._.. _ _ _ _.._. , .. ~,.w.~..~...-~.., ,._ . _. . ,, . <br />„, <br />927.10 VARIANCE <br />The City Council may grant a variance to these regulations where the <br />owner or his appointed representative can show that a hardship exists <br />whereby compliance with these regulations is not appropriate, based upon <br />the following: <br />(a) That exceptional topographic or other physical conditions <br />exists which are peculiar to the particular parcel of land; <br />(b) That the peculiar condition in paragraph (a) did not result <br />from previous actions by the owner; <br />Adverse economic conditions shall not be considered as a valid reason <br />or a hardship for a variance request to be granted. No variances will <br />be granted where activities occur that will defeat the purposes of <br />regulations. <br />City Council may impose stricter requirements in some portion of a <br />development to compensate for a variance affecting a portion of the <br />development. <br />The request for a variance shall be submitted to City Council with a <br />copy to the City Engineer and shall state the specific variances sought <br />and include sufficient data to justify the granting of a variance. <br />927.11 SENSITIVE AREA IMPACT CRITERIA. <br />(a) The control of sediment pollution of sensitive areas by <br />accelerated erosion from earth-disturbing activity may require <br />additional erosion and sediment control practices beyond those indicated <br />in these rules. In such instances, the owner or person responsible for <br />earth-disturbing activity shall analyze potential impacts and potential <br />erosion and sediment control practices. <br />(b) The analysis shall identify: <br />(1) Sensitive areas that receive drainage from the proposed <br />development area; <br />(2) Existing water uses and biological characteristics of <br />receiving waters; <br />(3) The probability of sediment reaching sensitive areas; and <br />(4) The percentage of the sensitive area's contributing <br />drainage area that is proposed for the earth-disturbing <br />activity. <br />(c) Information gained by the analysis shall be incorporated into <br />the erosion and sediment control plan and taken into consideration by <br />the City during the plan review process. The City Engineer shall make <br />the final decision as to the limits of any sensitive area. <br />Page - 25 - <br />