A. Request for Variance. A utility requesting a variance from one or more of the provisions of this chapter must do so in a written application submitted to the Director of Public Works as a part of the permit application. The request shall identify each provision of this chapter from which a variance is requested and the reasons why a variance should be granted.
B. Authority to Grant Variances. The Village Council shall decide whether a variance is authorized for each provision of this chapter identified in the variance request on an individual basis.
C. Conditions for Granting of Variance. The Village Council may authorize a variance only if the utility requesting the variance has demonstrated that:
1. One or more conditions not under the control of the utility (such as terrain features or an irregular right-of-way line) create a special hardship that would make enforcement of the provision unreasonable, given the public purposes to be achieved by the provision; and
2. All other designs, methods, materials, locations or facilities that would conform with the provision from which a variance is requested are impracticable in relation to the requested approach.
D. Additional Conditions for Granting of a Variance. As a condition for authorizing a variance, the Village Council may require the utility requesting the variance to meet reasonable standards and conditions that may or may not be expressly contained within this chapter but which carry out the purposes of this chapter.
E. Review of Permit Decisions.
1. Staff Decisions. An applicant may apply to the Village Council for review of any permit decision made by the Village Manager, Director of Public Works, or their designees. The application for review shall be submitted within 30 days after the decision for which review is being requested, shall state the basis for review, and shall include 10 sets of the applicant’ s supporting documents for distribution to the Council. The review shall be placed on the Village Council’ s agenda for consideration at the next regularly scheduled Village Council meeting occurring no less than 7 days after the filing of a complete review application.
2. Other Decisions. All reviews of decisions by any board or commission of the Village shall be subject to the provisions of this Code applicable to such board or commission.
(MC-15-2007, Amended, 11/20/2007; MC-10-2007, Added, 07/10/2007)