City of Brenham, TX VARIANCES

[1]

Editor’s note–Former division pertaining to variances and deriving from Ordinance adopted 11/16/95, was amended and replaced in its entirety with similar provisions as set out herein by Ordinance O-23-028 adopted 10/19/2023.

The board of adjustment shall have the authority to grant variances in accordance with the standards and procedures provided herein, from any and all technical requirements of the zoning ordinance, but may not grant variances to use requirements or procedural requirements or for procedural requirements for hearing or notice, provided that:

(1)

Such modifications are necessary to accommodate appropriate development of a particular parcel of land that is restricted by attributes inherent in the land such as area, shape or slope to the extent that it cannot otherwise be appropriately developed.

(2)

The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, nor substantially increase the congestion in the public streets, nor increase the danger of fire, or in any way endanger the public health, safety and well being of the neighborhood in which the subject property is located.

(3)

The literal enforcement of the ordinance would work on unnecessary hardship.

(4)

The piece of property is unique and contains properties or attributes not common to other similarly situated properties.

(5)

The need for the variance was not created by the applicant.

(6)

The hardship to be suffered through the literal enforcement of the ordinance would not be financial alone.

(7)

The granting of the variance would not be injurious to the public health, safety and welfare or defeat the intent of the philosophy contained in the zoning ordinance.

(Ordinance O-23-028 adopted 10/19/2023)