Any person as to whom any provision of this chapter has been applied may appeal in writing, not later than 30 days after the action or decision being appealed from, to the City Council the action or decision whereby any such provision was so applied. The appeal shall identify the matter being appealed, and the basis for the appeal. The City Council shall consider the appeal and make a decision whereby it affirms, rejects or modifies the action being appealed. In considering any such appeal, the City Council may consider the recommendations of the city staff and the comments of other persons having knowledge of the matter. In considering any such appeal, the City Council may grant a variance from the terms of this chapter to provide relief, in whole or in part, from the action being appealed, but only upon finding that the following requirements are satisfied:
(A) The granting of the relief requested will not prevent the achievement of goals and purposes sought to be accomplished by this chapter, nor result in less effective management of storm water runoff; and
(B) The application of the provisions for new construction being appealed will present or cause extensive practical difficulties for a development or development site such that development would not otherwise be possible; provided, however, that practical difficulties shall not include the need for the developer to incur additional reasonable expenses in order to comply with this chapter; or
(C) The application of the provisions for maintenance agreements being appealed is beyond the original intent of the maintenance agreement.
(Ord. 35-2004, passed 10-12-04; Am. Ord. 37-2005, passed 10-11-05)