§ 23-11. Variances.

(a)

The commission may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the commission shall prescribe only conditions that it deems necessary or desirable to the public interest. In making the findings hereinbelow required, the commission shall take into account the nature and the proposed use of the land involved and existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No such variance shall be granted unless the commission finds:

(1)

That there are special circumstances or conditions affecting the land involved such that strict application of the provisions of this chapter would deprive the applicant of the reasonable 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 subdivision of other land in the area in accordance with the provisions of this chapter.

(b)

The applicant shall submit in writing to the city manager a letter addressing the facts upon which he believes a variance is warranted. The city manager shall review the facts and distribute the letter to the appropriate departments and/or agencies of the city and the planning commission. The city manager and such departments and/or agencies shall, within fifteen (15) days of the receipt of the letter, respond in writing to the applicant and to the planning commission as to the following:

(1)

The section and specific requirement of the subdivision regulations and the respect in which the proposed plat does not comply.

(2)

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

(3)

The recommendation containing any conditions which the commission may wish to consider in granting the variance.

(c)

Such findings of the commission, together with the special facts upon which such findings are based, shall be incorporated into the official minutes of the commission meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.

(d)

Owners of any tract of land which has been subdivided, and of which at least sixty (60) percent of the total lots or tracts thereof have been sold to bona fide purchasers, and for which deeds of transfer have been executed prior to 1984, may have such tract of land platted, as it exists on the ground, by a duly licensed land surveyor and may present such plat for approval in accordance with all of the requirements of this chapter, including the payment of all stipulated fees and costs, save and except that such plat shall be considered as having met all other requirements of this chapter, other than the requirements for street paving and for the installation of water and sewer lines, if this last is deemed necessary or desirable. Said street paving and said installation of water lines and sewer lines, if such sewer lines are necessary or desirable, shall be done in strict compliance with the provisions of this chapter at no cost to the City of Eagle Pass. Proof of purchase by all owners shall be required at the time that the plat referred to herein is submitted for approval.

(e)

Construction of curb and gutter and sidewalks shall not be required for any subdivision which is an additional unit of a subdivision wherein such construction was not previously required and whose plat was filed for record with the county clerk prior to 1984, and for which a valid and unexpired master plan is on file in the permanent records of the City of Eagle Pass under the care and custody of the city secretary.

(Ord. No. 05-22, § 1, 8-2-2005)