§ 25-2-713. VARIANCES.

(A)

An applicant may submit a request for a variance from the following requirements to the Small Area Planning Joint Committee of the Planning Commission and the Zoning and Platting Commission for review:

(1)

Section 25-2-692 ( Waterfront Overlay (WO) Subdistrict Uses );

(2)

Section 25-2-721 ( Waterfront Overlay (WO) Combining District Regulations ); or

(3)

Subpart C ( Subdistrict Regulations ), except that no variance may be granted from restrictions on maximum height.

(B)

The board may recommend approval of the variance after determining that:

(1)

the proposed project and variance are consistent with the goals and policies of the Town Lake Corridor Study, including environmental protection, aesthetic enhancement, and traffic; and

(2)

the variance is the minimum required by the peculiarities of the tract.

(C)

The following requirements apply if the board recommends approval of a variance under Subsection (B) of this section:

(1)

The director shall forward the board's recommendation to the Land Use Commission, which shall consider the recommendation and the variance application at the next regularly scheduled meeting for which notice can be timely provided.

(2)

The Land Use Commission shall grant or deny the variance based on the criteria in Subsection (B) of this section.

(3)

An interested party may appeal the Land Use Commission's grant or denial of a variance to the council under the requirements of Chapter 25-1, Article 7, Division 1 ( Appeals ).

(D)

The following requirements apply if the Board recommends denial of a variance under Subsection (B) of this section:

(1)

The applicant may appeal the Board's recommendation to the city council under the requirements of Chapter 25-1, Article 7, Division 1 ( Appeals ). The council shall consider the Board's recommendation and the variance application at the next regularly scheduled meeting for which notice can be timely provided.

(2)

The council shall grant or deny the variance based on the criteria in Subsection (B) of this section.

Source: Section 13-2-704; Ord. 990225-70; Ord. 990715-115; Ord. 010607-8; Ord. 031211-11; Ord. 20070607-096; Ord. 20090611-074; Ord. No. 20141211-204, Pt. 25, 7-1-15 .