The City Council, upon the filing with the City Clerk of an application as herein provided, may grant a variance permitting the construction of a curb sidewalk extending for less than the whole length of a block if the City Council shall find that:
(A) Strict application of the requirement that a curb sidewalk extend not less than the whole length of a block would create peculiar and exceptional practical difficulties, or exceptional and undue hardship to users of the sidewalk or adjacent lots or tracts;
(B) Such hardship is not shared generally by other properties in the same vicinity;
(C) The authorization of such a variance will not be of substantial detriment to adjacent property and the character of the area will not be changed by the granting of the variance; and
(D) The granting of such a variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit, or caprice. The application for such a variance shall be in writing, in such form as the City Clerk shall prescribe, and shall be signed by the owner(s) of all lots or tracts which would abut the proposed curb sidewalk. The City Clerk shall cause a courtesy notice of such an application, to be given to the owner(s) of lots or tracts in the same block which abut or are adjacent to non-curb sidewalks on the same side of the street which have been or may be constructed.
(Ord. 2752, passed - -1982)