A. Notwithstanding section 17.812.060, any person required to dedicate land or to make improvements under the provisions of this chapter may appeal any determination made by the director of public works in regard to such matters to the city council. The appeal shall be in writing and shall be filed with the city clerk who shall present it to the council. The council shall set such appeal for hearing on a date not later than 30 days after the date on which the appeal is presented to the council by the clerk. The council shall direct the clerk to give written notice of the hearing date to the appellants at their address given in the written appeal.
B. If the matter appealed involves setback requirements or the location of structures in relation to setback lines, the appeal shall first be heard by the city planning and design commission.
C. Appeals involving such matters shall be presented in writing to the planning director and shall be scheduled and heard by the planning and design commission as a variance proceeding. The filing and investigation fee provided for by the Planning and Development Code shall be applicable to such hearings unless waived by the planning director. Decisions from determinations of the planning and design commission may be appealed to the council in the same manner as an appeal involving the granting or denial of a variance.
D. The city council may make such modifications in the requirements of this chapter or may grant such waivers or modifications of the determinations which are appealed to them hereunder as it shall determine to be required in order to prevent an unreasonable hardship under the facts of each case; provided, however, that each such modification or waiver shall be in conformity with the general spirit and intent of the requirements of this chapter. (Ord. 2017-0009 § 11)