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<br />materially detrimental to the public welfare or injurious to other property or <br />property rights in the vicinity. Upon recommendation of a suspension of any of <br />these rules and regulations by the commission, the city council may, upon fmding <br />that there are special circumstances or conditions affecting the property in question; <br />that enforcement of the provisions of this ordinance will deprive the applicant of <br />a substantial property right; and that such suspension, if granted, will not be <br />materially detrimental to the public welfare or injurious to other property or <br />property rights in the vicinity, grant a suspension of any of these rules and <br />regulations. In the event the commission, upon a request of the owner or <br />developer, and following consideration of same as provided herein, denies a <br />suspension or variation from one or more of these rules and regulations, the city <br />council may, upon the proper fmdings as stated herein, and upon the affirmative <br />vote of at least three-fourths (3/4) of all members, overrule the commission's denial <br />and grant the requested suspension or variance. Under no circumstances shall the <br />city council reverse the action of the commission in denying approval of a final <br />plat." <br /> <br />Section 3. That this ordinance shall be effective from and after its date of passage. <br /> <br />PASSED AND APPROVED this 16th day of June, 2003.O <br /> <br />ATTEST: <br /> <br /> <br />~<m:.- ~.~ '-.0 '~IiJ~ <br />Mattie Cunningham, City Clerk <br /> <br />APPROVED AS TO FORM: <br /> <br />