(A) Request for a variance. A utility requesting a variance from one or more of the provisions of this chapter must do so in writing to the Public Works Director or designee as a part of the permit application. The request shall identify each provision of this chapter from which a variance is requested and the reasons why a variance should be granted.
(B) Authority to grant variances. The Public Works Director or designee shall decide, on an individual basis, whether a variance is authorized for each provision of this chapter identified in the variance request.
(C) Conditions for granting a variance. The Public Works Director or designee may authorize a variance only if the utility requesting the variance has demonstrated that:
(1) One or more conditions not under the control of the utility (such as terrain features or an irregular right-of-way line) create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and
(2) All other designs, methods, materials, locations or facilities that would conform with the provision from which a variance is requested are impracticable in relation to the requested approach.
(D) Additional conditions for granting a variance. As a condition for authorizing a variance, the Public Works Director or designee may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this chapter, but which carry out the purposes of this chapter.
(E) Right to appeal. Any utility aggrieved by any order, requirement, decision or determination, including the denial of a variance, made by the Public Works Director or designee under the provisions of this chapter shall have the right to appeal to the City Council, or such other board or commission as may be designated by the City Council. The application for appeal shall be submitted in writing to the City Clerk within 30 calendar days after the date of such order, requirement, decision or determination. The City Council shall commence its consideration of the appeal at the City Council’s next regularly scheduled meeting occurring at least seven calendar days after the filing of the appeal. The City Council shall timely decide the appeal.
(Ord. 19-21, passed 8-13-2019)