1144.08 SIDEWALK VARIANCE.
   (a)   An owner of a lot or parcel of land in the City engaged in construction or reconstruction may petition to the Administrator for a variance to the specifications herein. Such petition shall be in writing and state the reasons necessary for such variance. The authority to grant any variance shall rest within the sound discretion of the Administrator after consideration is given to the conditions for granting of variance set forth in division (b) hereinafter. The Administrator's determination shall be given to the property owner in writing either by personally delivering a copy to the property owner or by mailing a copy to the property owner by regular U.S. Mail.
 
   (b)   Conditions for granting a variance:
      (1)   Special conditions and circumstances must exist which are peculiar to the proposed construction or reconstruction of sidewalks; and
      (2)   The special conditions and circumstances are not created solely by the applicant; and
      (3)   Granting of the variance will not be materially detrimental to the public welfare or injurious to the neighborhood in which the property is located or in conflict with the general intent of this chapter.
         (Ord. 1989-82. Passed 4-2-90.)