A. Any person appealing the strict application of these standards shall submit to the public works director a written appeal specifying:
1. The portion or portions of provisions of this chapter being appealed;
2. The conditions unique to the property which make the application of such provisions impractical and unreasonable; and
3. Plans showing the applicant's proposed alternative.
B. Upon receipt of an application on appeal, the public works director shall, within five (5) working days, make a determination as to the merits of the appeal. Such determination shall be made in writing and shall consider:
1. Validity of the hardship claimed, as compared to an inconvenience;
2. Ability of the site to provide access without the relief requested; and
3. Uniqueness of the size, shape or topographic conditions claimed to create an undue hardship.
C. Upon a finding that an appeal is reasonable and necessary, the public works director may issue a driveway permit granting such relief as necessary to allow suitable access to the site and bearing such conditions as necessary to meet the spirit and intent of this chapter.
D. Upon a finding that an appeal is not reasonable or necessary, the public works director shall so inform the applicant in writing, accompanied by the findings.
E. Upon receipt of the public works director's findings, an applicant may request a hearing of his appeal before the board of adjustment. Such hearing shall be held only after notice of hearing as required for a zoning variance. At such hearing, the applicant, interested parties and public works director shall be heard.
F. In considering an appeal, the board of adjustment shall be required to make the same findings required for a zoning variance in order to grant the appeal. The board may approve the requested driveways, modify the requested driveways or deny the request.
G. Appeal from the board of adjustment's action may be taken to district court as provided in the zoning ordinance. (Ord. 1263, 1-13-1987)