A request for a variance shall be in writing and shall state specifically the reasons for the request and shall include all data and information in support of the request. The request shall be reviewed and approved, disapproved, or approved with modifications. All variances issued shall be in writing and signed by the City Engineer. The City Engineer may grant a variance to these provisions if any of the following are found to exist:
(a) There are exceptional or extraordinary circumstances or conditions applying to the land.
(b) Literal enforcement of the provisions would cause undue hardship or practical difficulties.
(c) The exceptional or extraordinary circumstances or conditions and the undue hardship or practical difficulties were not the result of any prior actions of the owner of the land.
(d) The variance is necessary for the preservation and enjoyment of substantial property rights of the owner of the land.
(e) The variance will not be a substantial detriment to adjacent lands.
A decision of the City Engineer may be appealed to the Board of Building and Zoning Appeals within ten (10) days from the date of its receipt by the appealing party and, if not so appealed, the City Engineer's decision shall be final and the Board of Building and Zoning Appeals shall be without jurisdiction to hear same.
(Ord. 23-O-002. Passed 1-3-23.)