(1) Compliance with that specific part of this article will impose an unreasonable burden or hardship upon the pool owner or user; and
(2) Granting of the variance will not result in a condition hazardous to the public health, safety or welfare.
(B) Any person seeking a variance shall do so in writing, setting forth his or her reasons for the variance and stating the length of time for which they seek the variance. The Enforcement Authority shall promptly investigate the request and make a determination as to the disposition thereof. In granting a variance, the Enforcement Authority may impose limitations or conditions upon the approval. The person seeking this variance shall be given a written decision within ten working days following receipt of the request by the Enforcement Authority.
(C) Voiding of Variances.
(1) An approved variance shall be void one year after the date of approval if the rights and privileges granted thereby have not been utilized. If the Enforcement Authority voids a variance for any reason, the Enforcement Authority will serve written notice on the permit holder.
(2) The Enforcement Authority may void a variance if subsequent events show that the variance has created or may create a condition hazardous to the public health, safety or welfare.
(3) An approved variance shall be void if it is utilized in a way materially in violation of the terms of the variance. Voiding a variance is in addition to and not instead of other remedies available to the city at any time for violation of this article.
(D) Any person who has been granted a variance shall sign an indemnification and release of liability statement form which has been approved by the City Attorney's Office.
('74 Code, § 11-5-4D) (Ord. 12-1978; Am. Ord. 26-1980; Am. Ord. 55-1981; Am. Ord. 12-1993)