(A) Request for variance. A utility requesting a variance from one or more of the provisions of this subchapter must do so in writing to the Commissioner of Public Property or the Commissioner of Streets and Public Improvements as a part of the permit application. 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 Commissioner of Public Property or the Commissioner of Streets and Public Improvements 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 Commissioner of Public Property or the Commissioner of Streets and Public Improvements 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 Commissioner of Public Property or the Commissioner of Streets and Public Improvements 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. Any utility aggrieved by any order, requirement, decision or determination, including denial of a variance, made by the Commissioner of Public Property or the Commissioner of Streets and Public Improvements under the provisions of this subchapter shall have the right to appeal to the City Council, or such other 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.
(Ord. O-2019-25, passed 11-12-19)