12.12.090 Authority to grant variance.
The city engineer may authorize variances from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, strict application of this title would cause an undue or unnecessary hardship, except that no variance shall be granted for the purpose of avoiding the time limitations set forth herein nor to reduce the costs of the required construction. In granting a variance, the city engineer may attach conditions which he finds necessary to protect the best interests of the surrounding property, neighborhood, and the safety and convenience of pedestrians.
A. Application. A property owner may initiate a request for a variance by filing an application with the city engineer. The application shall be accompanied by a site plan, with distances and locations to be clearly marked and the reasons for said request.
B. Circumstances for granting. A variance may be granted only in the event that the following circumstances exist:
1. A pedestrian sidewalk exists on one side of the street and the walk would serve a dead-end street or a street which is less than four hundred feet in lineal distance (serving either a cul-de-sac or loop road without intersecting streets); or
2. The sidewalk would create a pedestrian loading zone that is likely to impede motor vehicle traffic or endanger sidewalk users.
C. Evidence. The city engineer may take into consideration the location of the proposed variance, the amount and kind of pedestrian traffic, and the overall effect upon present and future motor vehicle traffic and pedestrian use.
D. Meandering sidewalk. The city engineer may authorize the installation of a meandering sidewalk for aesthetic purposes provided said walk does not substantially inconvenience the general public nor create an apparent traffic or pedestrian hazard. (Ord. 4413 §9, 1987).