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19980127 1998-3ORDINANCE NO. 3 AN ORDINANCE TO AMEND CHAPTER 21 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA TO MODIFY SECTION 21-10 PERTAINING TO THE GRANTING OF VARIANCES FROM THE SUBDIVISION REGULATIONS WHEREAS, the City Council of the City of Fairfax has heretofore granted the authority to grant variances from the provisions of the subdivision regulations to the Planning Commission; and WHEREAS, the City Council of the City of Fairfax seeks to retain the authority to grant such variances; and WHEREAS, Sec. 15.2-2255 of the Code of Virginia provides that the governing body of the locality shall be responsible for administering and enforcing the subdivision regulations; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia that Section 21-10 of the Code of the City of Fairfax, Virginia is hereby amended to read in its entirety as follows: "Sec. 21-10. Variances (a) A subdivider may request a variance from any provision of this chapter. Such request shall be made in writing and set forth a justification for the subdivision request and for the variance request. (b) The city council may authorize a variance if.' (1) The subdivider demonstrates that the variance: a. Is justified because of conditions unusual to the site, and b. Will not undermine the spirit and intent of this chapter and the comprehensive plan, and c. Will not be detrimental to the adjacent or nearby properties, to the coordinated development of the area, or to the general welfare. (2) The subdivider demonstrates that the cost to the subdivider substantially outweighs the benefits to the residents of the subdivision and the general public. (c) In authorizing a variance, the city council may impose such conditions as it deems necessary in the public interest." Adopted this 27* day of January, 1998. Introduced: December 9, 1997 Public Hearing: January_ 27, 1998 ADOPTED: January 27, 1998 1998-3 -2 ATTEST: The vote to adopt was 4-2, recorded as follows: Vote: Councilman Coughlan Councilman Greenfield Councilwoman Lyman Councilman Mershon Councilman Rasmussen Councilman Silverthorne ate aye aye aye aye no no