20250131 10494200 1.0 TRUE 150000000 5000 ItemDescription Variance Information When a variance application is submitted, staff review takes approximately 2 weeks and may require that the applicant submit additional information necessary to undertake a complete analysis and evaluation of the variance request. Once staff reviews the application and provides comments, the applicant will be directed to resubmit the corrected materials and additional materials for the Zoning and Board of Adjustment (ZBA). Staff will review the revised materials for clearance. Note- A variance process is applicable to bulk regulations from zoning and is not available for land uses, parking requirements, or signs. Zoning Variance The ZBA makes the final determination for zoning variances within the City and extra-territorial jurisdiction (ETJ). When staff comments have been addressed, the request will be scheduled for a public hearing at a ZBA meeting. The public hearing typically takes place approximately one month after staff comments have been addressed. The public hearing will be advertised in the City’s official newspaper at least 10 business days prior to the public hearing. All property owners within 200 feet of the site and all homeowners’ associations will be notified by mail, and the public hearing will be published on the City’s website. Additionally, a courtesy sign will be placed at the property. The ZBA holds a public hearing and then considers each case. After the public hearing, the Board may, by the affirmative vote of 75% of its members, grant a variance to the terms of these zoning regulations if the Board finds: 1. The Variance is not contrary to the public interest, and 2. There are special circumstances or conditions applying to the land or building for which the Variance is sought, 3. A literal enforcement of the ordinance would result in unnecessary hardship; and 4. If granted, the spirit of the ordinance is observed and substantial justice is done. Subdivision Variance When a subdivision variance is submitted, staff review takes approximately 3 weeks. The Planning and Zoning Commission makes recommendations to the City Council, and it is the Council who makes the final determination for Subdivision Variances within the City and extra-territorial jurisdiction (ETJ). A public hearing is required at P&Z for consideration of a replat that requires a variance. The Planning and Zoning Commission is required to give a recommendation, and the City Council is required to render a final decision. The City’s Development Code, Chapter 2, Section 5-41 establishes criteria for the examination of a subdivision variance and if a hardship exists. As part of the application the applicant is required to describe in writing how each of the criterion is met. The following conditions must be present for consideration: 1. 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 this land. VARIANCES 2. The granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area. 3. The granting of the variance will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of the City’s Development Code. 4. A more appropriate design solution exists which is not currently allowed in the City’s Development Code. The City Council may reach a conclusion that a hardship exists if it finds that: 1. If the applicant complies strictly with the provisions of the City’s Development Code, he can make no reasonable use of his property. 2. The hardship of which the applicant complains is one suffered by the applicant rather than by neighbors or the general public. 3. The hardship relates to the applicant’s land, rather than personal circumstances. 4. The hardship is unique to the property, rather than one shared by many surrounding properties. 5. The hardship is not the result of the applicant’s own actions. variances variances cosl planning <DIV STYLE="text-align:Left;"><DIV><DIV><P><SPAN>This was drafted 1/31/2025. </SPAN></P></DIV></DIV></DIV> Lucas Corbett GIS Planner II 20250131