(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)