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materially detrimental to the public welfare or injurious to other property or <br /> property rights in the vicinity. Upon recormnendation of a suspension of any of <br /> these rules and regulations by the commission, the city council may, upon finding <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 findings 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 /> PASSED AND APPROVED this 16th day of June, 2003. <br /> <br /> Curtis ~n~l~'y,~ayor <br /> <br />ATTEST: <br /> <br />Mattie Cunningham, City Clerk <br /> <br />APPROVED AS TO FORM: <br /> <br /> <br />