§ 25-8-42. ADMINISTRATIVE VARIANCES.

(A)

A variance under this section may not vary the requirements of Article 13 ( Save Our Springs Initiative ) and may not be granted for development of a property if any portion of the property abuts or is within 500 feet of the shoreline of Lake Austin, measured horizontally.

(B)

The director of the Watershed Protection Department may grant a variance from a requirement of:

(1)

Section 25-8-261 ( Critical Water Quality Zone Development ), only if:

(a)

necessary to protect public health and safety, or if it would provide a significant, demonstrable environmental benefit, as determined by a functional assessment of floodplain health as prescribed by the Environmental Criteria Manual,

(b)

necessary to allow an athletic field in existence on October 28, 2013, to be maintained, improved, or replaced,

(c)

necessary to allow an athletic field to be located in an area not otherwise allowed under Section 25-8-261(B)(5), or

(d)

necessary to allow a hard surfaced trail to be located in an area not otherwise allowed under Section 25-8-261(B)(3);

(2)

Section 25-8-261 ( Critical Water Quality Zone Development ), for development within an urban watershed, only if the proposed development:

(a)

is located not less than 25 feet from the centerline of a waterway,

(b)

is located outside the erosion hazard zone, unless protective works are provided as prescribed in the Drainage Criteria Manual,

(c)

does not increase non-compliance, if any, with Article 7, Division 1 ( Critical Water Quality Zone Restrictions ), Section 25-8-281 ( Critical Environmental Features ) or Section 25-8-282 ( Wetland Protection ), and

(d)

restores native vegetation and soils if development is removed from the Critical Water Quality Zone;

(3)

Subsection 25-8-262(B) ( Critical Water Quality Zone Street Crossings ), only outside the Barton Springs Zone;

(4)

Section 25-8-281 ( Critical Environmental Features );

(5)

Section 25-8-322 ( Clearing for a Roadway );

(6)

Section 25-8-341 ( Cut Requirements ) or Section 25-8-342 ( Fill Requirements ), for a cut or fill of not more than eight feet in the desired development zone and, for a public primary or secondary educational facility, within the desired development zone or the drinking water protection zone;

(7)

Subsection 25-8-343(A) ( Spoil Disposal );

(8)

Section 25-8-365 ( Interbasin Diversion ).

(C)

It is the applicant's burden to establish that the findings described in this Section have been met.

(D)

The director of the Watershed Protection Department may grant a variance described in Subsection (B) only after determining that development in accordance with the variance meets the objective of the requirement for which the variance is requested and:

(1)

for property in the Barton Springs Zone, the variance will result in water quality that is at least equal to the water quality achievable without the variance;

(2)

for a variance from Section 25-8-261(B)(5), that the proposed work on or placement of the athletic field will have no adverse environmental impacts;

(3)

for a variance from Section 25-8-281, that the proposed measures preserve all characteristics of the critical environmental feature;

(4)

for a variance from Section 25-8-341 or Section 25-8-342 the cut or fill is not located on a slope with a gradient of more than 15 percent or within 100 feet of a classified waterway;

(5)

for a variance from Section 25-8-343(A), use of the spoil provides a necessary public benefit. Necessary public benefits include:

(a)

roadways;

(b)

stormwater detention facilities;

(c)

public or private park sites; and

(d)

building sites that comply with Section 25-8-341 ( Cut Requirements ), Section 25-8-342 ( Fill Requirements ), and Chapter 25-7 ( Drainage ); and

(6)

for a variance from Section 25-8-365, there are no adverse environmental or drainage impacts.

(E)

The Watershed Protection Department director shall prepare written findings to support the grant or denial of a variance request under this section.

Source: Section 13-2-506; Ord. 990225-70; Ord. 000406-82; Ord. 010329-18; Ord. 031211-11; Ord. 20120524-083; Ord. 20131017-046; Ord. No. 20160623-090, Pt. 7, 7-4-16 ; Ord. No. 20170615-102 , Pt. 11, 6-15-17.