A variance from the application of section 8-9-5 of this chapter in requiring street improvements to be installed in conjunction with improvements to the abutting property may be granted under the following circumstances. (Ord. 1134, 11-22-1977)
(A) Where the city engineer finds and determines the area drainage facilities are inadequate and that the installation of all or a portion of the required public improvements would endanger the public welfare by reason thereof; or
(B) Where said city engineer determines that it would be in the best interests of the city to cause all or a portion of the required work to be done on an area project basis rather than on an individual basis; or (Ord. 1056, 3-26-1974)
(C) Where the city manager finds and determines that such requirements, as applied to an individual property, by reason of exceptional or extraordinary situation or condition of said property, or the location thereof, or of the use or development of property in the immediate vicinity of said property, will involve practical difficulties or would cause undue hardship, unnecessary to carry out the purposes and spirit of this portion of this chapter. (Ord. 1056, 3-26-1974; amd. Ord. 1080, 2-10-1976)
Such variance shall not be granted nor become effective unless and until an agreement between the property owner and the city of Placerville is properly executed, agreeing that the property owner will undertake the construction of the required improvements as required by these regulations within ninety (90) days after notice to begin construction of said improvements is sent by the city to the property owner. Notice to begin the construction of said improvements shall not be sent until the city council has first determined that such improvements are needed. Said agreement shall further provide that in the event of default in undertaking and completing the required improvements within the time specified, the city may cause such work to be done and the cost thereof to be assessed as a lien against the property. Such agreement shall recite that it creates a covenant running with the land and shall be recorded in order to constitute notice to any prospective buyers or encumbrancers. The city manager is hereby authorized to execute such an agreement for and on behalf of the city. (Ord. 1134, 11-22-1977)