1. (a) A board of variance is established. The executive director shall appoint the members of the board. A majority of the members constitutes a quorum.
2. (b) The board of variance may make minor exceptions to this subchapter if the board determines that a substantial injustice would result unless the minor exceptions were granted. The board of variance may establish appropriate conditions and safeguards for granting the variance.
3. (c) The board of variance will meet and consider variance requests as needed.
4. (d) The board of variance will provide 10 days notice of the meeting to all applicants requesting a variance.
5. (e) An applicant may request a variance from the board of variance if the applicant believes that the applicant meets the requirements of subsection (b) of this section.
6. (f) The board of variance will consider evidence from all parties present at the meeting prior to making a determination on the requested variance.

Source Note:The provisions of this §21.419 adopted to be effective July 1, 2011, 36 TexReg 2418.