905.03 PROCEDURE FOR REQUESTING VARIANCES.

   An appeal procedure for variances is established as follows:

   (a)   Variances may be granted for the following reasons:

      (1)   Variances for a specified period of time established by the City Engineer.

         A.   Allowance for settling of sidewalk right of way due to recent excavation and subsequent filling.

         B.   Evidence of scheduled construction or excavation within the sidewalk right of way.

   (b)   Upon receipt of notice requiring installation and specified date of completion, the property owner may file a request for variance. This appeal for variance must be filed with Council no later than ninety days prior to the completion date. Council shall retain exclusive authority to grant or rescind all variances.

      (1)   Location variances.

         A.   Location variances may be granted as needed, provided continual passage between abutting properties is maintained. Continual passage along abutting properties should be in a consistent pattern.

      (2)   Indefinite variances.

         A.   Sidewalk installation impracticabilities, as determined by the City Engineer, whereby existing buildings or mature shade trees preclude installation of sidewalks at proper location on property.

         B.   Engineering impracticabilities, as determined by the City Engineer, may provide cause for a variance to be granted until such time as the problem is eliminated.

   (c)   This chapter rescinds all previously granted variances.

   (d)   All matters pertaining to variances shall be under the jurisdiction and authority of Council and its committees.

      (Init. Ord. Approved by voters 11-5-96.)