Upon written application made before issuance of the building permit, accompanied by a fee in an amount established by city council resolution, the city council may, after a public hearing noticed in the same manner as is required for public hearings on application for variances from the requirements of zoning, waive or modify any of the requirements of this chapter if, based upon substantial evidence, the city council finds that the conditions of subsections A and B of this section, or of subsection C of this section, are met as follows:
A. The street fronting on the subject property has already been improved to the maximum feasible and desirable state, recognizing there are some such streets which may have less than standard improvements when necessary to preserve the character of the neighborhood, and to avoid unreasonable interference with existing conditions such as mature trees, walls, yards and open space; and
B. The granting of the waiver or modification will not perpetuate a hazardous or defective condition, be otherwise detrimental to the health, safety or welfare of the residents of the city, or relieve a property owner of the obligations or requirements that have been imposed on other property or property owners on the same street; or
C. The requirement:
1. Is for a purpose not reasonably related to the use of the property, or
2. Deprives the property of privileges enjoyed by other property in the vicinity and under identified zoning classification, or
3. Imposes requirements that are not roughly proportional to requirements that have been imposed or could be imposed upon other property in the vicinity through land use regulation or any special assessment proceeding, or
4. Imposes a requirement that is not roughly proportional to the benefit to the property or to the burden resulting from use of the property. (Ord. 2578 § 1, 2004)