1026.09  VARIANCES.
   The City Engineer is hereby authorized to grant, in writing, variances from the strict application of the provisions of this chapter where the presence of some obstacle within a public right-of-way renders it impossible or impractical for a curb cut or driveway approach to be constructed in accordance with this chapter, provided that each of the following applies:
   (a)   The exception or variance desired arises from peculiar physical conditions or from the nature of the business or operation on abutting property;
   (b)   The exception or variance desired does not impair the public interest, safety or convenience;
   (c)   The exception or variance will not adversely affect the rights of adjacent owners or tenants;
   (d)   The strict application of the terms of this chapter will work unnecessary hardship;
   (e)   The variance is granted in writing and contains all the reasons therefor; and
   (f)   Such curb cut or driveway approach shall be constructed under the direction of and to the acceptance of the Director of Public Service.
(Ord. 77-1963. Passed 11-16-63; Ord. 45-2007.  Passed 7-9-07.)