(A) Except as provided in the provisions of this section authorizing variances or administrative approvals in connection with single family developments, the City Council may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In making the findings herein required, Council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience, and the welfare in the vicinity. No variance shall be approved unless the City Council finds:
(1) That 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 and economic use of his land;
(2) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;
(3) That the granting of the variance will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area;
(4) That the granting of the variance will not have the effect of preventing the orderly development of other land in the area in accordance with the provisions of this chapter; and
(5) That the proposal demonstrates water quality will be equal to or better than would have resulted had development proceeded without the variance.
(B) Such findings described in division (A) together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the City Council meeting at which such variance is recommended. Variances may be recommended only when in harmony with the general purposes and intent of this chapter so that the public health, safety, and welfare may be secured and substantial justice done. Pecuniary hardships to a person or developer standing alone, shall not be deemed to constitute undue hardship.
(C) The City Council may grant a variance, pursuant to division (A), from the terms referring to the Development Free Zone within a proposed plan when the strict compliance will result in an unreasonable and unwarranted taking or an undue hardship. Where such conditions are found, the variance permitted shall be the minimum departure from the terms of this chapter necessary to avoid such deprivation of privileges enjoyed by such other property to facilitate a reasonable use, and which will not create significant probabilities of harmful environmental consequences. The City Council may not grant a variance if it would provide the applicant with any special privileges not enjoyed by other similarly situated property with the similarly timed development.
(D) Any application for a variance shall be accompanied by the fees set by the Council in the fee schedules adopted by ordinance or resolution.
(F) (1) Except as provided in division (G) of this section in connection with administrative approval of certain incidental improvements, for a single legal lot or two adjacent existing legal lots that are zoned and used or proposed to be used for single family residential purposes, a variance, administrative approval, or modified administrative approval is required, as applicable, as provided in this division (F), to develop any portion of the lot that lies within the Water Quality Transition Zone ("WQTZ") or Critical Water Quality Zone ("CWQZ").
(2) In connection with any such variance, administrative approval, or modified administrative approval, all development shall, to the greatest extent practicable, be located first in the Uplands Zone, then in the WQTZ, and lastly, in the CWQZ located on such legal lot (such zones being listed in order from least protected to most protected). For purposes of this division (F), the development in a less protected zone shall be deemed not to be practicable: (I) where a restrictive covenant recorded before April 1, 2009 that is enforceable by one or more third parties other than the city prohibits development in a manner that precludes the location of a proposed additional development in the less protected zone; (II) for a residential home constructed before April 1, 2009, the requirement of developing first in the least protected zone would necessitate a new front entrance, or reconstruction of the front of such residence; and (III) for a residential home constructed before April 1, 2009, the requirement of developing first in the least protected zone would result in the location in the front or side yard of a swimming pool, accessory structure or other improvement typically located in the backyard of a residence.
(a) If so much of the legal lot lies within the WQTZ that applicable regulations restricting development in the WQTZ would restrict the developer to less impervious cover than otherwise would be permitted if the legal lot lay wholly in the Uplands Zone, the developer may be granted administrative approval, to be issued by the City Administrator or his/her designee, to include impervious cover of up to 14% of the area in the WQTZ on the terms and conditions provided in this division (F)(1):
1. The allowable improvement (not including the mitigation measure required by division (F)(1)(e)) does not require the addition of any fill;
3. The improvement does not impede surface water runoff or drainage patterns and does not increase flooding on upstream or downstream properties; and
4. The improvement is not used for the storage or processing of hazardous materials or substances other than those normally associated with household or residential use and only in small quantities (e.g., small quantities of gasoline and oil used for the operation of landscape equipment).
5. One of the three mitigation measures described in § 150.323(J) as a rain garden, natural vegetative filter strip, or engineered vegetative filter strip will be provided and maintained at all times to the standard described or referred in § 150.323(J) to minimize degradation of water quality, and the owner of the legal lot agrees, as a condition of administrative approval, to impose the requirement on the owner of such legal lot to provide and maintain such measures on the legal lot as a restrictive covenant, to run with the land, in favor of the city, in a form approved by the City Attorney, and to be recorded in the Official Records of Travis County, Texas;
6. The percentage of impervious cover on the legal lot as a whole does not exceed 18%;
7. In the event that a transfer of development rights from the affected legal lot has occurred, the amount of impervious cover so transferred shall be deemed to be located on the affected legal lot in determining the amount of impervious cover available, if any, with an administrative approval pursuant to this division.
8. For the purpose of calculating whether the total maximum impervious cover of 18% is reached, items identified as excluded in § 150.332(E) shall be treated as impervious cover includable in the resulting total amount of impervious cover.
9. A minimum setback of at least 75 feet shall be maintained between the critical water quality zone and developed, impervious, or pollutant source areas, or areas of disturbed vegetation or soil in the water quality transition zone. Within the aquifer recharge zone, a 100-foot minimum setback shall also be preserved between developed, impervious, or pollutant source areas, or areas with disturbed vegetation or soil in the water quality transition zone and any identified recharge features.
(b) Subject to any rights pursuant to an administrative approval for development in the WQTZ, if so much of the legal lot lies within either the WQTZ or the Critical Water Quality Zone ("CWQZ") that the developer cannot reasonably develop the lot without encroaching into the WQTZ or the CWQZ, or if disallowing development in either the WQTZ or CWQZ located on the legal lot would restrict the developer to less impervious cover than otherwise would be permitted if the legal lot lay wholly in the Uplands Zone, and an administrative approval for development in the WQTZ pursuant to this division (F) is insufficient to allow a total of 18% impervious cover on the legal lot, a variance may be approved for development of up to 18% impervious cover in either the WQTZ or CWQZ on the terms and conditions provided in divisions (A) through (D).
(c) For lots developed as part of a subdivision of land of ten or more lots that are restricted, as a result of an allocation of development rights among such lots, to less than 18% impervious cover, the provisions of this division (F) shall apply to an administrative approval or modified administrative approval regarding impervious cover on such lot, except that the following shall apply: (i) the requirements of divisions (F)(1)(g) shall not apply; (ii) the requirement of division (F)(1)(e) shall apply regardless whether the lot is located wholly or partially in the Uplands Zone or where on the lot the development is proposed; and (iii) the restriction to no more than 14% impervious cover in the WQTZ on the lot will apply, but an administrative approval or modified administrative approval may be granted for up to a total of 18% impervious cover to the extent that any impervious cover that exceeds 14% is located in the Uplands Zone on the lot.
(d) In the event that a restrictive covenant affecting a legal lot provides for a limitation on impervious cover less than that allowed pursuant to this division (F) that is enforceable by the city, the Mayor shall, at the request of the affected legal lot owner, execute an instrument amending such restriction in a manner that limits the amount of impervious cover on the affected lot to the amount allowed pursuant to an administrative approval, modified administrative approval, or variance granted pursuant to this division (F). For convenience, any restrictive covenant required by the terms of this division (F) in connection with an administrative approval or variance may be combined in one instrument with an amendment of any then existing restrictions regarding impervious cover. In the event that the term of any restrictive covenant, whether or not enforceable by the city, that is applicable to a legal lot provides for a limitation on impervious cover less than allowed pursuant to this division (F) but provides for modification or termination in the event that the city's regulations are altered to allow for increased impervious cover on affected property, this division (F)(4) shall be effective to automatically terminate or modify such restrictive covenant to the extent of development permitted by this division (F) and as provided by the terms of such restrictive covenant. In particular, this division (F)(4) shall apply as an action taken by Council to allow the amount of impervious cover on any lot to exceed the amount shown for such lot on Exhibit "A" as stated in Section 3.12 of the Declaration of Covenants, Conditions and Restrictions for Sunset Valley Meadows Subdivision recorded in Document No. 1999032885 of the Official Public Records of Travis County, Texas, provided that the total amount of impervious cover on any such lot does not exceed 18%.
(e) A modified administrative approval may be given for development to which division (F)(1) applies on the following basis: An applicant may submit a request for such development with a proposal to provide another means of mitigation not listed in § 150.323(J). Such application will be subject to City Council approval, which approval may be given if: (i) the City Council determines that the alternative means of mitigation provides water quality protection equal to or better than the means listed in § 150.323(J); (ii) such alternative means does not, as determined by the City Council, require excessive maintenance and/or is not more likely to be subject to equipment malfunction or deterioration; (iii) such alternative means is not unsightly and does not create excessive noise or other conditions that are incompatible with surrounding residential uses, as determined by the City Council; (iv) all conditions and obligations set forth in § 150.323(F)(1)(a) through § 150.323(H) are met; and (v) applicant agrees to comply with any other condition imposed by the City Council in connection with such an approval.
(G) (1) Water quality transition zone small structures. Subject to divisions (G)(1)(a) through (G)(1)(d), below, the City Administrator or his/her designee shall grant administrative approval of an application to construct, operate, and maintain in the WQTZ on a legal lot zoned and used for single-family residential purposes improvements described in § 150.332(E), provided the applicant demonstrates that the following conditions are met:
(c) The improvement does not impede surface water runoff or drainage patterns and does not increase flooding on upstream or downstream properties; and
(d) The improvement is not used for the storage or processing of hazardous materials or substances other than those normally associated with household or residential use and only in small quantities (e.g., small quantities of gasoline and oil used for the operation of landscape equipment).
(2) In addition to the requirements of division (G)(1), an applicant seeking to construct any structures or buildings described in § 150.332(F) other than those described in § 150.332(F) (1)[sidewalks],(2)[uncovered decks],(4)[swimming pools, hot tubs, wading ponds, fountains, birdbaths, fish ponds] must, as a condition of the approval, implement and maintain on the property on which the proposed improvement will be located at least two of the Pollution Reduction Practices described in division (I) of this § 150.323, which are more fully described in the CSV Pollution Reduction Manual. The obligation to implement and maintain Pollution Reduction Practices shall be specified in a duly recorded restrictive covenant affecting the property which shall be enforceable by the city. Such obligation to implement and maintain shall remain effective so long as such improvements remain on the property.
(3) An applicant may receive credit for any existing pollution reduction practice maintained on the property for which an administrative approval is requested unless: (i) the applicant has previously received credit for the pollution reduction practice pursuant to this division or other approval by the City Council; and (ii) the improvement, the structure or building for which the previous approval was granted still exists on the property.
(4) If the applicant objects to a determination on his or her request for administrative approval under this division, he or she may appeal the determination to the City Council by submitting a written notice of appeal setting forth the bases on which the applicant believes the determination was incorrect. Such written appeal must be addressed to the City Administrator and submitted on or before 20 days after the date of the determination from which an appeal is sought. The City Council may affirm, modify, or reverse the determination based on the criteria set forth in this section.
(5) An applicant seeking an administrative approval for the improvements described or referred in this division (G) is not required to satisfy any other variance provisions of § 150.323.
(H) Pollution reduction measures. The residential pollution reduction practices are described in detail in the CSV Pollution Reduction Manual as amended and approved by the City Council, which Manual shall be applicable to any pollution reduction practice required by this § 150.323. The following is a list of such pollution reduction practices:
Item No. | Method | Purpose |
Item No. | Method | Purpose |
Natural Area Conservation | ||
1 | Utilize on a continual basis only city approved Organics First herbicides, pesticides, and fertilizers on the entire lot or property | Improves water quality by preventing the use of harmful chemicals, compounds, and substances |
2 | Utilize on a continual basis city approved Livestock Pollution Management Plan on the entire lot or property | Improves water quality by reducing livestock waste loads |
3 | Utilize on a continual basis city approved Domestic Animal Waste Management Plan on the entire lot or property | Improves water quality by reducing small animal waste loads |
4 | Install or retrofit and maintain a city approved Water-Wise (Xeriscape) Landscape Plan having an area equal to or greater than the aggregate amount of impervious cover located on the property or lot | Improves water quality by reducing the need for the use of harmful chemicals, herbicides, and insecticides |
5 | Install or retrofit and maintain city approved Soil Amendment and Conservation Landscaping Program having an area equal to or greater than the aggregate amount of impervious cover located on the property | Improves water quality by promoting vegetative growth on the property – Reduces runoff and need for supplemental irrigation |
6 | Obtain and maintain a “Certificate of Backyard Habitat” issued by the National Wildlife Federation for the lot or property | Improves water quality by maintaining a natural/native habitat |
Capture Rooftop Runoff with Rainwater Harvesting | ||
7 | Equip any roofed structure for which an Administrative Approval is being requested and/or install on an existing roof structure located on the property a Rainwater Collection System – The Rainwater Collection System must gather water from roof areas of a sufficient size to harvest the required Water Quality Mitigation Volume. Collected rain water must be temporarily stored on-site in approved storages providing for Water Quality Mitigation of 720 gallons per 300 square feet of exempted impervious cover being permitted, with a minimum capacity of 720 gallons. | Improves water quality by reducing the amount of runoff being discharged from the property |
8 | Direct rooftop runoff captured by rainwater harvesting techniques over a city approved Natural Vegetative Filter Strip where it can either infiltrate into the soil or filter over it and/or direct rooftop runoff to a city approved Dry Well or Rain Garden. Natural Vegetative Filter Strip, Dry Well or Rain Garden must be sized for Water Quality Mitigation of 720 gallons per 300 square feet of exempted impervious cover being permitted, with a minimum capacity of 720 gallons. | Improves water quality by reducing the amount of runoff being discharged from the property |
Capture Non-Rooftop Runoff from Impervious Cover | ||
9 | Install and maintain, downstream of the improvement for which an Administrative Approval is being requested, a city approved Natural Vegetative Filter Strip – The Natural Vegetative Filter Strip must have Water Quality Mitigation of 720 gallons of runoff per 300 square feet of exempted impervious cover being permitted, with a minimum capacity of 720 gallons. | Improves water quality by providing treatment of surface water runoff before leaving the property |
10 | Install and maintain, downstream of the improvement for which an Administrative Approval is being requested, a city approved Engineered Vegetative Filter Strip – The Engineered Vegetative Filter Strip must have Water Quality Mitigation of 360 gallons of runoff per 300 square feet of exempted impervious cover being permitted, with a minimum capacity of 360 gallons. | Improves water quality by providing treatment of surface water runoff before leaving the property |
11 | Install and maintain, downstream of the improvement for which an Administrative Approval is being requested a Rain Garden sized for Water Quality Mitigation of 720 gallons per 300 square feet of exempted impervious cover being permitted, with a minimum capacity of 720 gallons. | Improves water quality by providing treatment of surface water runoff before leaving the property |
12 | Install and maintain, downstream of the improvement for which an Administrative Approval is being requested, a Natural Buffer having a minimum area of 1,125 square feet (length to width ratio of about 1.8 to 1) for Water Quality Mitigation of 360 gallons per 300 square feet of exempted improvement being permitted, with a minimum capacity of 360 gallons. | Improves water quality by providing treatment of surface water runoff before leaving the property |
13 | Install and maintain a Pollution Reduction Measure proposed by the Applicant, provided such measure meets or exceeds the Water Quality Mitigation of 720 gallons per 300 square feet of exempted impervious cover for non-engineered pollution reduction measures or 360 gallons per 300 square feet of exempted impervious cover for engineered pollution reduction measures. | |
(I) The mitigation measures required for an administrative approval pursuant to division (F)(1) of this § 150.323 shall be comprised of (i) a vegetated filter strip; (ii) an engineered filter strip; or (iii) a rain garden. Each such mitigation measure shall be designed and shall perform to the standards for such measure provided in the standards applicable to the particular mitigation measure as provided in the City of Sunset Valley Pollution Reduction Manual appended to this §§ 150.320 through 150.349 and 150.360 through 150.384 as periodically amended.