No. 94-08-19 - City of Frisco
No. 94-08-19 - City of Frisco
No. 94-08-19 - City of Frisco
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3. Parks and Playgrounds<br />
The location and size <strong>of</strong> parks and playgrounds shall be in accordance with <strong>City</strong> Policy.<br />
4. Schools<br />
7.12 VARIANCES<br />
The location and size <strong>of</strong> school sites shall be in accordance with <strong>City</strong> Policy and with the<br />
requirements <strong>of</strong> the School District.<br />
The <strong>City</strong> Council, after a recommendation by the Planning and Zoning Commission, may authorize a<br />
variance or waiver to provisions <strong>of</strong> these regulations only when in its opinion, undue hardship will<br />
result from strict compliance to the regulations. The Council shall take into account the nature <strong>of</strong><br />
the proposed land use involved and existing uses <strong>of</strong> the land in the vicinity, the number <strong>of</strong> persons<br />
who will reside or work in the proposed subdivision, and the effect <strong>of</strong> such variance or waiver upon<br />
traffic conditions and upon the public health, safety, convenience and welfare in the vicinity.<br />
A. <strong>No</strong> variance or waiver shall be granted unless the Council finds:<br />
1. That there are special circumstances or conditions affecting the land involved or other<br />
constraints such that the strict application <strong>of</strong> the provisions <strong>of</strong> this ordinance would deprive<br />
the applicant <strong>of</strong> the reasonable use <strong>of</strong> his or her land; and<br />
2. That the variance or waiver is necessary for the preservation and enjoyment <strong>of</strong> a<br />
substantial property right <strong>of</strong> the applicant, and that the granting <strong>of</strong> the variance or waiver<br />
will not be detrimental to the public health, safety or welfare or injurious to other property<br />
in the area; and<br />
3. That the granting <strong>of</strong> the variance or waiver will not have the effect <strong>of</strong> preventing the<br />
orderly subdivision <strong>of</strong> other lands in the area in accordance with the provisions <strong>of</strong> this<br />
ordinance.<br />
B. Variances and waivers may be granted only when in harmony with the general purpose and<br />
intent <strong>of</strong> this ordinance so that the public health, safety, and welfare may be secured and<br />
substantial justice done. Financial hardship to the subdivider, standing alone, shall not be<br />
deemed to constitute undue hardship.<br />
C. The Council shall not authorize a variance or waiver that would constitute a violation <strong>of</strong>, or •<br />
conflict with, any other valid ordinance or Comprehensive Plan <strong>of</strong> the <strong>City</strong>.<br />
D. A variance or waiver may be applied for as part <strong>of</strong> a plat or replat request or as a separate<br />
request if the property is already platted. The applicant shall be responsible for providing all<br />
necessary information pertinent to the request, including the justification for such variance or<br />
waiver.<br />
7.13 INSPECTION OF CONSTRUCTION<br />
The <strong>City</strong> shall inspect all phases <strong>of</strong> the construction <strong>of</strong> improvements for subdivision. The<br />
subdivider, or his contractor, shall maintain daily contact with the Director <strong>of</strong> <strong>City</strong> Services, or his<br />
representative, during construction <strong>of</strong> improvements.<br />
7-36