CITY OF SEABROOK
SUBDIVISION VARIANCE REQUEST

Section I
Purpose
Scheduling
Instructions for Application

File No.:_________________
Date Rec’d:_______________
Date Meeting:_____________

Setion II
Contact Information
Request for Data
Explanation of Fees
Authorization by Owner

SECTION I

PURPOSE:

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

(a)That there are special circumstances or conditions affecting the land involved, such that the strict application of this chapter would deprive the applicant of the reasonable use of his/her land;

(b)That the granting of the variance will not be detrimental to the public health, safety or morals and will not be injurious to other property in the area; and

(c)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 the Subdivision Ordinance. 

Variances shall be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety and morals may be secured and substantial justice done.

FINANCIAL HARDSHIP TO THE SUBDIVIDER, STANDING ALONE, SHALL NOT  CONSTITUTE HARDSHIP.

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SCHEDULING

Approximate Time to Accomplish

   Tasks to be Completed

-0-

Application and Substantiating Data Submitted to City

7-10 days

Staff Review and Hearing Preparation and Adjustment for Publishing Dates

15 days

Public Notice Posted

0-10 days

Adjust to Conform to Meeting Schedule

14 days

Public Hearing  and Meeting Held

7-14 days

Subsequent Meeting (Rarely Required and Only When Additional Data or Action is Required by Applicant)

Total
30-45 days

Normal Length of Time

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INSTRUCTIONS

1.Application for an action of the Seabrook City Council under the terms of the City of Seabrookís Subdivision Ordinance must be made in writing on the application form provided herein.  The application is submitted to the Planning & Economic Development Administrator, who files the original and forwards copies to members of the Council.

2.Application for a variance from the Subdivision Ordinance must demonstrate all of the following:

    That special conditions and circumstances exist, which are peculiar to the land involved, and which are not applicable to other lands, in the same locality;

    That literal interpretation of the provisions of the Subdivision Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same locality under the terms of the Ordinance;

    That special conditions and circumstances do not result from any action of the applicant;

    That granting the variance requested will not confer on the applicant special privilege that is denied by the Subdivision Ordinance to other lands in the same locality; and

    That literal enforcement of this ordinance would result in unnecessary hardship.

3.The following fees and charges shall be paid on all applications, petitions, and appeals, regardless of the outcome or actions taken by the Seabrook City Council.

For consideration of any appeal, exception or variance as authorized herein:

a.Appeal, exception or variance requiring single action or decision - $50.00 per single action.

b.Appeal, exception or variance requiring multiple actions or decisions - $30.00 per single action, plus $25.00 per each addition action.  No less than $50.00 shall be charged for each public hearing date.

4.In granting any variance, the Seabrook City Council reserves the right to prescribe appropriate conditions and safeguards in conformity with the Subdivision Ordinance. 

5.The property owner or his/her legal agent must be present at the hearing as he/she is the one who normally will know the most about his/her  property and his/her needs.  The decision of the City Council is final and cannot be appealed.

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SECTION II

CONTACT INFORMATION

Please familiarize yourself with the various portions of the Subdivision Ordinance which apply to your case.  The City staff will endeavor to assist you in this process in every way possible; however, final conformance to the various regulations is ultimately your responsibility.  Assistance is available from 8:00 a.m. to 5:00 p.m., Monday through Friday by calling (281) 291-5600 or by stopping by City Hall, 1700 First Street, Seabrook, Texas 77586.

Please submit all required and substantiating data; failure to do so may delay or jeopardize the prompt consideration of your application.

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REQUEST FOR DATA
 (PLEASE TYPE OR PRINT CLEARLY)
 

OWNER:___________________________________________________________ __________

ADDRESS:_________________________________________________________ ___________          

_________________________________________________________________ _____________

CITY                                                                      STATE                     ZIP

PHONE: (HM)__________________________

             (WK)___________________________

AGENT:____________________________________________________________ __________

ADDRESS:_________________________________________________________ ___________

_________________________________________________________________ ______________

CITY                                                                                         STATE

PHONE:(HM)___________________________

            (WK)____________________________

LEGAL DESCRIPTION AND LOCATION OF PROPERTY:

_________________________________________________________________ _____________

_________________________________________________________________ _____________

DESCRIBE IN DETAIL WHAT IMPROVEMENTS YOU WISH TO MAKE TO YOUR PROPERTY (A site plan is required with this request).

_________________________________________________________________ _____________

_________________________________________________________________ _____________

_________________________________________________________________ _____________

_________________________________________________________________ _____________

_________________________________________________________________ _____________

_________________________________________________________________ _____________

WHAT SECTION(S) OF THE SUBDIVISION ORDINANCE PREVENTS YOU FROM IMPROVING YOUR PROPERTY AS DESCRIBED ABOVE:

_________________________________________________________________ _____________

_________________________________________________________________ _____________

_________________________________________________________________ ______________

The applicant should complete the questions that follow as completely as possible.  the City of SeabrookíS SUBDIVISION Ordinance requires that, ìA VARIANCE FROM THE TERMS OF THIS ORDINANCE SHALL NOT BE GRANTED, NOR THE APPLICATION THEREFORE CONSIDERED, UNLESS A WRITTEN APPLICATION FOR A VARIANCE IS SUBMITTED DEMONSTRATING THE FOLLOWINGî:

 

1.  THAT SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST WHICH ARE PECULIAR TO THE LAND, STRUCTURE OR BUILDING INVOLVED WHICH ARE NOT APPLICABLE TO OTHER LANDS, STRUCTURES OR BUILDINGS  IN THE SAME DISTRICT:
_________________________________________________________________ _____________

_________________________________________________________________ _____________

_________________________________________________________________ _____________

2.  THAT LITERAL INTERPRETATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PROPERTY OWNERS UNDER THE TERMS OF THIS ORDINANCE:

_________________________________________________________________ _____________

_________________________________________________________________ _____________

_________________________________________________________________ _____________

3.  THAT THE SPECIAL CONDITIONS AND CIRCUMSTANCES DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT:

_________________________________________________________________ _____________

_________________________________________________________________ _____________

_________________________________________________________________ _____________

4.  THAT GRANTING THE VARIANCE REQUESTED WILL NOT CONFER ON THE APPLICANT ANY SPECIAL PRIVILEGE THAT IS DENIED BY THIS ORDINANCE TO OTHER LANDS, STRUCTURES OR BUILDINGS.

_________________________________________________________________ _____________

_________________________________________________________________ _____________

_________________________________________________________________ _____________

5.  THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THIS  ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.

_________________________________________________________________ _____________

_________________________________________________________________ _____________

_________________________________________________________________ _____________

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EXPLANATION OF FEES

You are required to pay all professional fees accumulated by the City in reference to your specific application.  When such need for professional services arises as a direct result of your application, the City will secure an estimate cost of those services.  If the estimated cost of these services exceeds 50% of the fee you have already paid, you will be asked to place a deposit with the City equal to the cost to date plus the estimated cost to complete the application.

It is important to submit this fee promptly.  Failure to submit the deposit will stall the application and may cause you to miss a hearing date or scheduled meeting date.  The City calendar for the City Council is often booked weeks or months ahead and a missed meeting or hearing will cause your application to be placed at the end of the line at the first available uncommitted date.  Prompt action can therefore avoid unnecessary delays in your schedule.

Certain types of professional services solicited by the City Council necessary to the normal functioning of this body not directly resulting from your actions, will not be charged to you.  We will attempt to solicit City Councilís opinion on this topic at the time that a need for the services arise.  In the event that such opinion is not solicited, the City staff will render an opinion whether the service is chargeable.  If in the opinion of the staff, the fees are chargeable, they must be paid promptly.  Thereafter, the City Council will render any opinion at the earliest possible meeting and the fee will be retained or returned at the end of the action based on that decision.

All material required for action by this body must be submitted to City Hall at the close of business hours at least ten (10) days preceding the scheduled meeting.  If a public hearing is required, all required material must be submitted no less than fifteen (15) working days before the scheduled public hearing.  Such material must be complete.  Incomplete material can result in cancellation of a public hearing and can result in additional costs to you for the rescheduling of the required public hearing.

When an application is submitted, it will be your responsibility to stay in contact with City staff until a date is set for action on your application.  Once you have been contacted, no further notice of meeting will be given to you unless such date must be changed.

AUTHORIZATION BY OWNER

I have read and understand this application.  I have familiarized myself with the applicable regulations, ordinances and procedures and submit this application and accompanying documentation for consideration by Seabrookís City Council.

____________________________________
Please Print Name of Owner or Agent
 

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