(a)
Variances may be granted only when
in harmony with the general purposes and intent of this chapter so
that public health, safety and welfare may be secured and substantial
justice done.
(b)
Pecuniary hardship to the owner or
developer, standing alone, shall not be deemed to constitute undue
hardship.
(c)
No variance shall be granted if it
would provide the applicant with any special privileges not enjoyed
by owners of other similarly situated property with similarly timed
development.
(d)
Variances to the provisions of this
chapter may be granted if the variance meets all of the following
requirements:
(1)
A special individual reason makes
the strict application of this chapter impractical.
(2)
There are special circumstances or
conditions affecting the land involved such that the strict application
of the provisions of this chapter would deprive the applicant of the
reasonable use of his land.
(3)
The applicant will incur specific
hardships should the variance not be granted.
(4)
The modification is in conformity
with the intent and purpose of this chapter.
(5)
The granting of the variance will
not be detrimental to the public health, safety, or welfare, convenience
or injurious to the property in the area.
(6)
The granting of the variance will
not create the probability of harmful environmental consequences.
(7)
The variance will not negatively
impact traffic conditions.
(8)
The granting of the variance will
not have the effect of preventing the orderly development of other
land in the area in accordance with the provisions of this chapter.
(e)
Approval authority.
All variances to the provisions of this
chapter shall be granted by the board of adjustment. A recommendation
from an administrative official may be requested by the board.
(f)
Approval procedures.
(1)
All requests for variances shall
be made in writing to the code official. The request shall state the
specific portion(s) of this chapter with which the proposed development
will not comply and shall provide a detailed discussion as to why
the applicant wishes to deviate from this chapter. The request should
be accompanied by supportive materials as requested by the code official.
(2)
The code official will review the
requests for completeness and prepare a report for the board of adjustment.
In making this report, the code official shall address the nature
of the proposed use of the land involved, existing uses of land in
the vicinity and the probable effect of such variance upon traffic
conditions and upon the public health, safety, convenience, and welfare
in the vicinity. The code official may forward the application to
the city engineer for review and comment.
(3)
The board of adjustment shall then
review the request, hold a public hearing and make a final determination.
The board may request a recommendation from an administrative official.
The board may authorize a variance from these regulations when, in
its opinion, undue hardship will result from requiring strict compliance.
(4)
After a determination has been made,
the code official will provide the applicant with a letter stating
the determination and noting any conditions for approval, if applicable.
(g)
Notice.
(1)
Public notices are required for variance
applications. Written notice of all relevant board of adjustment hearings
shall be given to the owners of all real property located within 200
feet in all directions of the property that is the subject of the
hearing. Notice shall be given not less than ten (10) days prior to
the date of the first hearing either by personal service or by depositing
a copy of the notice in the mail addressed to each owner at his address
shown on the last approved city tax roll, with postage pre-paid.
(2)
Such notice shall state the purpose,
date, time, and place of the hearing and shall contain a brief description
of the variance including its nature, scope, and location. The notice
shall also state the location and times at which the applications
and supporting documents are available for public inspection. A telephone
number shall be provided where information on the hearing(s) is or
will be available at a later date.
(3)
In addition, notice shall be given
by publication at least ten (10) days in advance of the hearings of
the board of adjustment in an official paper or a paper of general
circulation in Travis County.
(h)
Expiration.
Variances expire concurrently with the permit for
which they were granted.
(Ordinance 2005-03-21-2, sec. 1 (rev. 3), adopted 3/21/05)