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(A) Request for variance.
(1) A utility requesting a variance from one or more of the provisions of this subchapter must do so in writing to the Director of Public Works as a part of the permit application.
(2) The request shall identify each provision of this subchapter from which a variance is requested and the reasons why a variance should be granted.
(B) Authority to grant variances. The Director of Public Works shall decide whether a variance is authorized for each provision of this subchapter identified in the variance request on an individual basis.
(C) Conditions for granting of variance. The Director of Public Works 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 of a variance. As a condition for authorizing a variance, the Director of Public Works may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this subchapter but which carry out the purposes of this subchapter.
(E) Right to appeal.
(1) Any utility aggrieved by any order, requirement, decision or determination, including denial of a variance, made by the Director of Public Works under the provisions of this subchapter may seek a review of such order, requirement, decision or determination by filing a request for review thereof with the City Manager, within 30 days after the notification of the order, requirement, decision or determination.
(2) The request for review shall set forth in detail the basis for the request.
(3) The City Manager shall thereafter consider the request for review, determine whether the order, requirement, decision or determination should be affirmed, modified, modified with conditions or reversed, and provide a written determination thereof.
(4) If such utility seeks further review of the order, requirement, decision or determination, such utility shall file a request to appeal the determination of the City Manager with the City Clerk within 30 days after mailing of the determination by the City Manager; such appeal shall be considered by the Public Works Committee of the City Council based on the relevant facts available regarding the order, requirement, decision or determination in question and the materials presented in connection with the request for appeal, as well as materials presented in connection with the Manager’s review provided under this section.
(5) The determination of the Public Works Committee shall be final.
(Prior Code, § 37-110) (Ord. 07-37, passed 10-15-2007)