The City Engineer, upon the application of any interested property owner or other person subject to the provisions of this article or upon motion of the Commission, may waive or conditionally waive the provisions of this article where the public health, safety, and welfare will not be adversely affected, taking into consideration, as any of the same may apply to a particular case, the following:
(a) The contour of the ground;
(b) The relation of the adjacent property to the street elevation;
(c) The use made of the property in the area; and
(d) The convenience of the public with relation thereto.
Prior to the granting of any waiver or conditional waiver, the City Engineer shall provide notice and an opportunity to be heard to interested persons in the vicinity of the application that may be affected, pursuant to the notice, hearing and appeal procedures set forth in Section 9-4.2805 of this code relating to administrative actions.
(§ 7, Ord. 38, as amended by Ord. 77, § II, Ord. 295-NS, eff. August 10, 1972, § 1, Ord. 899-NS, eff. October 22, 1985, and § 26, Ord. 1374-NS, eff. April 26, 2001)