Variances may be granted by the board of adjustment to the provisions of this chapter in accordance with the rules and conditions of this division. A variance may not be granted, however, to authorize a change of use. Variances run with the land, but each variance is specific to the project for which it was granted.
(Ordinance 2021-004, att. G, adopted 6/23/21; Ordinance 379 adopted 9/25/19)
No variance shall be granted unless the following conditions are fulfilled:
(1) 
The applicant has established by competent evidence that:
(A) 
The strict or literal enforcement of the terms of this chapter, because of special conditions, will result in unnecessary hardship to the applicant.
(B) 
There will not be unreasonable disruption of the natural terrain or unreasonable destruction of existing flora.
(C) 
There is no reasonable alternative to the requisite variance that will alleviate the difficulty or hardship complained of.
(D) 
The variance will not be greater than the minimum required to alleviate the difficulty or hardship complained of.
(2) 
The recommendation of zoning and planning commission shall include an analysis of whether:
(A) 
The variance may violate the intent of this chapter or the goals of the city’s comprehensive plan.
(B) 
(Reserved).
(C) 
(Reserved).
(D) 
The variance may have an adverse effect on neighborhood properties, or interfere with the respective owners’ enjoyment thereof.
(Ordinance 2021-004, att. G, adopted 6/23/21; Ordinance 379 adopted 9/25/19)
The board of adjustment and the zoning and planning commission, in performing their respective duties in reference to applications for variances, may be guided by these interpretative criteria:
(1) 
Variances from the terms of this chapter should be granted sparingly.
(2) 
Deviations from the requirements of this chapter are justified only where the hardship resulting from their application is substantial.
(3) 
Usually, the granting of a variance must be predicated on a finding that the applicant’s hardship arises from unusual conditions or circumstances, such as exceptional irregularity of shape or topography, which are peculiar to the parcel of land involved and not shared generally by other parcels in the neighborhood or district, or because no other reasonable alternative is available that will alleviate the unnecessary hardship complained of.
(4) 
Normally, a variance is to be denied if conditions or circumstances relied on for a variance were self-created by the person having an interest in the property in disregard of city regulations.
(5) 
The variance shall not violate the goals of the master plan for the city.
(6) 
The variance shall not have an adverse effect on neighborhood properties or unreasonably interfere with the respective owners’ enjoyment thereof.
(7) 
The fact that lots, structures, uses or dimensional conditions on properties or structures within 200 feet of the property involved are, because they are nonconforming or because of previously granted variances, similar to the condition which would be created by the variance requested shall be relevant to, but not determinative of, the granting of the requested variance.
(8) 
See section 22.03.009(c) for variances to enable the efficient use of solar energy devices.
(9) 
When considering variance requests for nonresidential projects, whether granting the variance furthers achievement of the land planning principles set forth in the City’s Master Plan, Attachment “B,” as codified in the Code of Ordinances.
(Ordinance 2021-004, att. G, adopted 6/23/21; Ordinance 379 adopted 9/25/19)
(a) 
Application.
An application for a variance shall be made in writing in a form prescribed by the city administrator and shall be accompanied by a site plan and additional information as may be requested in order to properly review the application. Such information may include but is not limited to plat plans, site and building plans, and contour maps. If the applicant is not the legal owner of the property, a statement from the owner that the applicant is the authorized agent of the owner should be provided with the application.
(b) 
Report by city administrator or designee.
Either the city administrator or the city administrator’s representative may visit the site where the proposed variance will apply and the surrounding area and shall report any findings to the zoning and planning commission and the city council.
(c) 
Review by zoning and planning commission.
The commission shall review each application for a variance after a public hearing and shall make a recommendation to the board of adjustment. Upon request of applicant, the commission may allow one postponement of the variance request(s) to the following regular meeting of the commission, at which meeting the commission must either make a recommendation or forward the variance request(s) to the board of adjustment without a recommendation.
(d) 
Requirements for recommending approval.
The commission shall not recommend approval of a variance unless it finds, based on competent evidence, that each of the conditions in section 38.05.032 has been established. The burden of establishing such conditions is on the applicant.
(e) 
Conditional recommendation of approval.
A recommendation of approval may be conditioned on the applicant’s adoption of specified changes, conditions, limitations or safeguards deemed appropriate by the commission.
(f) 
Findings and recommendations to be in writing.
The commission shall forward its findings and recommendations to the board in writing. The commission’s report shall show that each of the conditions in section 38.05.032 has or has not been satisfied. The report may be in the form of minutes of the commission’s meeting.
(g) 
Review by board of adjustment.
The board shall review each application for a variance at a public hearing after receiving findings and a recommendation from the zoning and planning commission.
(h) 
Action by board of adjustment.
The board shall not grant a variance unless it finds, based on competent evidence, that each of the conditions in section 38.05.032 has been established. The board may adopt the findings made by the commission. The board shall make its findings and recommendations in writing and shall follow the requirements of section 38.02.008(b)(6).
(i) 
Imposition of conditions by board of adjustment.
The board of adjustment may impose such conditions, limitations and safeguards as it deems appropriate upon the grant of any variance. Violation of any such condition, limitation or safeguard shall constitute a violation of this chapter.
(j) 
Lapse of variance.
Any rights authorized by a variance which are not exercised within one year from the date of granting such variance shall lapse and may be reestablished only after notice and a new hearing pursuant to this division. The city council may waive the requirement for the payment of fees for such variance renewal application if there has been no material change of conditions pertaining to the property since the granting of the first variance. Variances originally granted concurrently and in connection with a change of a zoning designation as set forth in section 38.05.097 shall expire when and if the zoning designation expires.
(k) 
Proceeding without a variance.
If work requiring a variance is begun or completed before obtaining approval of the variance, the city administrator shall investigate the circumstances of the failure to obtain such a variance and make the report a part of the variance request application. A stop-work order shall be in effect until a decision on approval or denial is made. Approval of such variance by the board of adjustment shall not preclude the responsible party from being cited for a violation of this chapter and being prosecuted in municipal court pursuant to section 38.05.064. If the variance application(s) are denied or withdrawn prior to approval, the applicant has ten (10) days to bring the property into compliance. If the deviation(s) are not corrected within the ten (10) days or timeframe agreed to, in writing, by the city administrator, immediate enforcement action described by section 2.02.041 of this code may be taken to bring the property into compliance. A resulting conviction in municipal court shall not relieve any person from fully complying with any other requirement of this chapter.
(l) 
Waivers from the drainage and erosion control design manual shall follow the procedure included in section 22.03.511(d).
(Ordinance 2021-004, att. G, adopted 6/23/21; Ordinance 379 adopted 9/25/19)
The city council can impose, and the zoning and planning commission can recommend imposition of reasonable conditions upon granting a variance if the conditions are related to the subject of the variance. When considering variance requests for nonresidential projects, whether, the City can recommend the imposition of reasonable conditions that are necessary to achieve one or more of the land planning principles set forth in the City’s Master Plan, Attachment “B”, as codified in chapter 28 of the Code of Ordinances.
(Ordinance 362 adopted 3/28/18)
(a) 
The commission shall hold a public hearing on certain applications for a variance.
(b) 
Written notice of such hearing shall be given to the owners of all real property located within three hundred (300) feet in all directions of the property that is the subject of the hearing, regardless of whether the neighboring property is within the city limits or ETJ. For nonresidential variances, written notice of the hearing shall be given to the owners of all real property located within 300 feet in all directions of the property that is the subject of the hearing, regardless of whether the neighboring property is within the city limits or ETJ. Notice shall be given not less than sixteen (16) days prior to the date of the hearing by depositing a copy of the notice in the mail addressed to each owner at the owner's address shown on in the Travis Central Appraisal District database, with postage paid.
(c) 
Such notice shall state the purpose, date, time and place of the hearing and shall contain a brief description of the proposed development, including its nature, scope and location. The notice shall also describe any variances the applicant has requested and shall state the location and times at which the applications and supporting documents are available for public inspection. The time and place of the public hearing to be held before the city council shall also be included if known at the time the notice is given and, if it is not known at such time, a telephone number shall be provided where information on the hearing before the board of adjustment will be available at a later date.
(d) 
The city shall be responsible for drafting the notice and serving it after it has been approved by the city administrator for form and content.
(e) 
A sign shall be posted per Section 38.05.002.
(f) 
Notice shall not be sent out until a city official (e.g., city inspector or city engineer) has reviewed the submitted and completed application for a variance.
(Ordinance 362 adopted 3/28/18; Ordinance 2025-005 adopted 6/25/2025)
Types of Variances
Code of Ordinances Section
Approved By
Signs
All of chapter 32, 38.03.040
City Council
Site disturbance
22.03.171, 22.03.210
BOA
Swimming pools
22.03.168, 22.03.207
BOA
Fences
22.03.173, 22.03.216
City Council
Trees
22.03.304, 22.03.305, 36.01.008
City Council
Landscaping
22.03.300
City Council
Off-street parking
22.03.241 through 22.03.251
BOA
Minimum lot dimensions
22.03.272
BOA
Setbacks for accessory structures
22.03.276
BOA
Impervious cover
38.03.040 and Table 36-1
BOA
International and Uniform Codes
22.03.091 through 22.03.098
City Council
Visibility along streets and at street corners
22.03.007
City Council
Screening of nonresidential uses from residential district or use
22.03.008
City Council
Solar energy devices
22.03.009
City Council
Solid waste containers in setback area
22.03.010
City Council
Television dish antennas
22.03.011
City Council
Reflective exterior building materials
22.03.012
City Council
Special provisions (for subdivision approval)
36.01.004
BOA
General rules and regulations (plat approval)
36.01.008, Table 36-1, Table 36-2
BOA
Residential subdivisions of five acres or greater
36.01.009
BOA
Private sewage facilities
36.01.010
BOA
Building setbacks
38.03.040, 22.03.275
BOA
Lot coverage
22.03.278
BOA
Height of structures
22.03.279, 38.03.040
BOA
R-1 one-family residential district
38.03.032
BOA
R-2 two-family residential district
38.03.033
BOA
R-3 transitional residential district
38.03.034
BOA
O professional and business office
38.03.035
BOA
B-1 business 1 district
38.03.036
BOA
B-2 business 2 district
38.03.037
BOA
B-3 business 3 district
38.03.038
BOA
GUI government, utility, and institutional district
38.03.039
BOA
Mixed Use 1 district
38.03.040
BOA
Conditional overlay districts
See 38.03.041
BOA
Water use
18.06.043
City Council
Flood hazard areas
26.02.064
City Council
BOA = Board of Adjustment
Table: Regulatory Authority of Board of Adjustment and City Council of Certain Types of Variances
(Ordinance 362 adopted 3/28/18)