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enforcement of the provisions of this ordinance will deprive the applicant of a <br />substantial property right; and that such suspension, if granted, will not be materially <br />detrimental to the public welfare or injurious to other property or property rights in <br />the vicinity. Upon recommendation of a suspension of any of these rules and <br />regulations by the commission, the city council may, upon finding that there are <br />special circumstances or conditions affecting the property in question; that <br />enforcement of the provisions of this ordinance will deprive the applicant of a <br />substantial property right; and that such suspension, if granted, will not be materially <br />detrimental to the public welfare or injurious to other property or property rights in <br />the vicinity, grant a suspension of any of these rules and regulations. In the event the <br />commission, upon a request of the owner or developer, and following consideration <br />of same as provided herein, denies a suspension or variation from one or more of <br />these rules and regulations, the city council may, upon the proper findings as stated <br />herein, and upon the affirmative vote of at least three-fourths (3/4) of all members, <br />overrule the commission's denial and grant the requested suspension or variance. <br />Under no circumstances shall the city council reverse the action of the commission in <br />denying approval of a final 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. <br /> <br />Curtis Fendley, Mayor <br /> <br />ATTEST: <br /> <br />Mattie Cunningham, City Clerk <br /> <br />APPROVED AS TO FORM: <br /> <br />Larry W. Schenk, City Attorney <br /> <br /> <br />