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Any person aggrieved by the refusal of a permit required by this chapter may appeal to the council. Administration of this chapter is hereby referred to the city engineer of the city.
If the council finds all of the following to be true, the permit shall be granted:
(A) That the applicant will be substantially damaged by the refusal to grant the permit as requested.
(B) That no other reasonable method of obtaining the desired results is available except as proposed by applicant.
(C) That the granting of the permit will not be materially detrimental to the public interest, safety, health and welfare or injurious to other property. (Ord. 994, 5-26-1970)