Austin |
Land Development Code |
Title 25. LAND DEVELOPMENT. |
Chapter 25-6. TRANSPORTATION. |
Article 2. TRANSPORTATION IMPROVEMENTS AND RIGHT-OF-WAY DEDICATION. |
Division 3. Waivers and Variances. |
§ 25-6-82. NOTICE OF WAIVER REQUEST.
(A)
After receiving a waiver request, the director shall establish the alignment of a relevant roadway and, if a development application has been filed, shall apply the dedication standards under Section 25-6-55 ( Dedication Of Right-Of-Way ).
(B)
If an application covers an area designated as a state roadway project, the director shall:
(1)
notify the Texas Department of Transportation that:
(a)
a request for a waiver has been filed; and
(b)
if applicable, that a development application has been filed proposing construction in a reserved right-of-way or setback from reserved right-of-way; and
(2)
request field notes from the Texas Department of Transportation.
(C)
If the proposed structure or improvement is located in reserved right-of-way subject to dedication, the director shall require that the application be amended to show the land to be dedicated.
(D)
The director shall certify to the city manager that:
(1)
the dedication requirements have been applied to the application and that a request for a waiver to erect a structure or construct an improvement in the reserved right-of-way has been filed; or
(2)
a request for waiver of the reservation requirements of this article has been filed by an applicant who does not have a development application pending before the City and that 15 percent or more of the property is or would be subject to the reservation requirements of this article.
Source: Section 13-5-15(a); Ord. 990225-70; Ord. 010329-18; Ord. 010607-50; Ord. 031211-11; Ord. 20060504-039.