YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE Page 72 Department denies the application, the denial shall be in writing and shall identify the deficiencies of the proposed plan in relation to the required findings identified in Section 442.G.7. 9. Notice of Decision: The Development Services Department shall mail a Notice of Decision within ten (10) working days of the decision date to each owner of property, as last disclosed by County real estate tax records, situated wholly or partially within one thousand feet (1000’) of the subject property. 10. Appeals. The Planning and Zoning Commission shall hear and make recommendation on appeals of a decision to approve or deny the Cluster and Open Space Option. Such appeal may be filed by the applicant or any notified property owner pursuant to Section 442.G.9 within thirty (30) calendar days of the Notice of Decision. In order to constitute a formal appeal and have the case heard by the Planning and Zoning Commission and decided by the Board of Supervisors, the applicant or twenty percent (20%) by number of the notified property owners pursuant to Section 442.G.9 must file an appeal within thirty (30) calendar days of the Notice of Decision. The request shall include the reasons for the appeal and be filed in writing. If a formal appeal is not filed within thirty (30) calendar days of the Notice of Decision, the decision of the Development Services Department shall be final. The Planning and Zoning Commission shall hear all evidence and testimony from staff, the applicant and the public in regard to the appeal. 11. Board of Supervisors: The Board of Supervisors shall provide final decision on all appeals. The Board shall hear all evidence and testimony from staff, the applicant and the public in regard to the appeal. The Board may uphold, modify or overturn the Commission recommendation. 12. Waivers: In order to ensure that the strict application of Section 440 and 442 do not unduly inhibit reasonable development, this Section provides waiver procedures in which staff, the Commission or the Board may grant relief. a. When an Cluster and Open Space Option application proposes to deviate from the requirements in Section 442 of this Ordinance, the applicant shall provide the County staff with a written request with justification for such modification. b. Upon receipt of a request for a waiver made concurrent with the filing of the application, County staff shall investigate and analyze the request. c. The notice requirements of Section 442.G.9 shall apply to all waiver requests. d. As part of the administrative process, County staff shall approve, approve in modified form, or deny the request for waiver. e. Any approval action of a waiver shall be based upon the findings noted in Section 442. G.7 as noted above and the following: (1) That the strict application of these regulations would preclude reasonable subdivision development of the subject property; and (2) That there are special circumstances applicable to the property related to it’s topography, shape, and/or location that dictate the need for this waiver to ensure good design and development; and