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(A) Request for variance. A utility requesting a variance from one or more of the provisions of this chapter must do so in writing to the City Engineer as a part of the permit application. The request shall identify each provision of this chapter from which a variance is requested and the reasons why a variance should be granted.
(B) Authority to grant variances. The City Engineer shall decide whether a variance is authorizedfor each provision of this chapter identified in the variance request on an individual basis.
(C) Conditions for granting of variance. The City Engineer 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 City Engineer may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this chapter but which carry out the purposes of this chapter.
(E) Right to appeal. Any utility aggrieved by any order, requirement, decision or determination, including denial of a variance, made by the City Engineer under the provisions of this chapter shall have the right to appeal to the City Council, or such other committee, board or commission as it may designate. The application for appeal shall be submitted in writing to the City Clerk within 30 days after the date of such order, requirement, decision or determination. The City Council shall commence its consideration of the appeal at the Council’s next regularly scheduled meeting occurring at least seven days after the filing of the appeal. The City Council shall timely decide the appeal.
(1999 Code, § 53.21) (Ord. 3694, passed 10-18-2010)