LAND USE COMMISSION VARIANCE.
Austin City Code § 25-8-643
in effect§ 25-8-643 - LAND USE COMMISSION VARIANCE.
(A) The Land Use Commission may grant a variance from Section 25-8-641 (Removal Prohibited) to allow removal of a heritage tree that has at least one stem that is 30 inches or larger in diameter measured four and one-half feet above natural grade only after determining, based on the city arborist's recommendation, that the heritage tree meets the criteria in Section 25-8-624(A) (Approval Criteria), and that:
(1) the applicant has applied for and been denied a variance, waiver, exemption, modification, or alternative compliance from another City Code provision which would eliminate the need to remove the heritage tree, as required in Section 25-8-646 (Variance Prerequisites); and
(2) removal of the heritage tree is not based on a condition caused by the method chosen by the applicant to develop the property, unless removal of the heritage tree will result in a design that will allow for the maximum provision of ecological service, historic, and cultural value of the trees on the site.
(B) A variance granted under this section:
(1) shall be the minimum change necessary;
(2) shall require mitigation as a condition of variance approval; and
(3) may not be issued until the applicant has satisfied the mitigation conditions required under this Subsection (B)(2) or posted fiscal security adequate to ensure performance of the mitigation conditions not later than one year after issuance of the variance.
(C) Consideration of a variance under this section requires review by the Environmental Commission.
Source: Ord. 20100204-038; Ord. No. 20141211-204, Pt. 24, 7-1-15; Ord. No. 20170615-102, Pt. 28, 6-15-17.
Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT25LADE_CH25-8EN_SUBCHAPTER_BTRNAARPRENSP_ART1TRNAARPR_DIV3HETR_S25-8-643LAUSCOVAFetched: 10/27/2026