eLaws | eCases | Texas Statutes | Texas Administrative Code | Texas Courts | Counties & Cities of Texas | Code of Federal Regulations | United States Code |
 San Antonio
 Unified Development Code
 Article IV. PROCEDURES
 Division 10. VARIANCES AND APPEALS

  § 35-483. Subdivision Variances.  

Latest version.

  • (a)

    Applicability. This section shall apply to any request to the planning commission for permission to vary or depart from a requirement of article IV or V of this chapter (except for the subsections of article V reserved to the board of adjustment) where, due to special conditions, a literal enforcement of the requirements will result in an unnecessary hardship. Variances to plats, and any associated plans and profiles shall be granted by the planning commission and the applicable county commissioner's court if the property is located within the ETJ, only in conjunction with the consideration of the proposed plat for approval. Except for those administrative exemptions provided by section 35-501, variances shall be granted only with respect to the standards for subdivision plat approval, and not for the process for obtaining subdivision plat approval.

    (b)

    Initiation. The applicant shall submit in writing to the director of planning and development services as secretary of the planning commission, a letter specifying the section for which a variance is requested and stating the grounds for the request along with all supportive facts upon which the applicant believes a variance is warranted. Prior to submitting an application for plat approval the applicant shall submit a variance request for processing to the director of planning and development services. For processing purposes, the request shall be submitted at least twenty (20) days prior to an application request for plat approval.

    Each request for a variance shall be accompanied by a filing fee as specified in Appendix "C" and the planning commission shall not consider a variance request until such payment has been made. If a request is for multiple variances, a fee shall be paid for each section or subsection of these regulations from which a variance is sought.

    (c)

    Completeness Review. The director of planning and development services shall review a subdivision variance application for completeness within five (5) working days. The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the planning commission.

    (d)

    Decision.

    (1)

    Administrative Review and Recommendations. The director of planning and development services shall review the facts and distribute the letter to the appropriate departments/agencies who shall, within fifteen (15) days of the receipt of the letter, respond in writing to application and to the planning commission as to the following:

    • The section, specific regulation, and the respect in which the item being considered does not comply.

    • An evaluation of the specific facts submitted by the applicant and the factors indicated above for use by the planning commission in making its findings.

    • A specific recommendation of either approval or denial and any conditions which the planning commission may wish to impose in considering the variance.

    (2)

    Review and Approval by Planning Commission. The planning commission shall review the variance application along with the application for plat approval and shall render a written finding approving, denying, or approving with conditions the variance. The findings of the planning commission, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the planning commission meeting at which the variance is considered. In granting variances, the planning commission may impose such reasonable conditions as will ensure that the property will be as compatible as practical with these regulations and surrounding properties. Variances to plats, and any associated plans and profiles may be granted by the planning commission only in conjunction with the consideration of the proposed plat for approval. The plat shall be revised and approved so that it conforms to any exceptions granted herein.

    (e)

    Approval Criteria. The planning commission may grant variances to the requirements of this article if it concludes that strict compliance with these regulations would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of these regulations will be observed, public safety and welfare secured, and substantial justice done. The planning commission may grant a variance only if it finds that:

    • The proposed variance will not be contrary to the spirit and intent of this code and the regulations from which the variance is requested and the proposed variance complies with all other applicable standards of subsection 35-432(e) to the extent practicable: and

    • The hardship relates to the applicant's land, rather than personal circumstances; and

    • The hardship is not the result of the applicant's own actions and that the applicant has taken all practicable measures to minimize any adverse impacts on the public health, safety and public welfare;

    • Under the circumstances, the public interest underlying the proposed variance outweighs the public interest underlying the particular regulation for which the variance is granted; and

    • The granting of the variance will not be injurious to other property and will not prevent the orderly subdivision of other property in the area in accordance with these regulations.

    (f)

    Subsequent Applications. The following time limitations shall be imposed so that no application for a variance shall be received or filed with the planning commission.

    • If within the previous twelve (12) months an application for a variance or exception was received, considered and denied on the same lot, lots or blocks of land.

    • If within the previous six-month period an application for a variance or exception was withdrawn from consideration by the applicant or his representative before the planning commission.

    The aforementioned time limitations may be waived if new substantial evidence is presented to the planning commission and only after receiving five (5) affirmative votes shall the time limitation be waived. If granted, a new application shall be filed in the office of the director of development services following the procedures outlined in section 35-403, notice provisions.

    (g)

    Scope of Approval. A variance granted by the planning commission shall remain valid for three (3) years from the date of plat approval. The force and effect of the variance shall become null and void unless the planning commission grants an extension in accordance with subsection 35-430(f)(2). Per subsection 35-483(a), except for those administrative exemptions provided by section 35-501, variances shall be granted only with respect to the standards for subdivision plat approval, and not for the process for obtaining subdivision plat approval.

(Ord No. 98697 § 3, 4 and 6) (Ord. No. 99795) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2009-01-15-0001, § 2, 1-15-09; Ord. No. 2015-12-17-1077 , § 2, 12-17-15)