The city council shall have authority to hear and decide any request for waiver authorized by sections 28-28(D) or 28-34 of this article. In granting any waiver, it may also modify the otherwise applicable plans and specifications. No such waiver or modification shall be granted however, except upon a showing by the applicant that the existing sidewalk or the proposed waiver or modification to the plans and specifications does not constitute a threat to public health, safety or welfare; provided further that whenever such waiver or modification is granted, nothing herein shall be construed to prohibit the city council from exercising its authority pursuant to section 28-29 any time thereafter.
(Ord. 2778, § 1, passed 9-27-1993)