§ 35-487. Variances in Utility Conversion Districts.

All other provisions of this chapter to the contrary notwithstanding, the method for seeking a variance to this division shall be as follows:

(a)

Applicability. The provisions of this section apply to any application for a variance from the requirements of the utility conversion district, section 35-338 of this chapter. Whenever a property owner or utility customer is required to make modifications to the owner/customer's property in order to continue to receive utility services from the new utility distribution systems which are to be installed in a utility conversion district, and such modifications would pose an undue hardship on the owner/customer in order to comply with the requirements, the owner/customer may apply to the director of public works for a variance from the requirements of the utility conversion district for review, analysis of the feasibility of the request, and a recommendation. The variance request shall be forwarded to the various utility agencies.

(b)

Initiation. An application for a variance under this section must:

(1)

Be in writing;

(2)

State the name of the applicant and the address of the property, and refer to the utility conversion district in which the property lies;

(3)

Describe in full detail the basis for the variance request; and

(4)

Be received in the office of the director of public works within sixty (60) days after the date of the notice to property owners that the utility conversion district has been established by city council.

The preceding time limitation may be waived by the director of public works if the director determines that any delay in the receipt of the application for the variance was not caused by any fault of the applicant. However, under no circumstances shall an application for a variance be considered after the completion of the conversion to underground operation or of the relocation or replacement of existing overhead utility facilities by the utility companies.

(c)

Completeness Review. The director of public works shall review the application for a utility conversion district variance in accordance with section 35-402 of this chapter. The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the board of adjustment.

(d)

Decision. The director of public works shall either grant or deny the variance within thirty (30) days of the application's receipt in the director's office. If the variance is denied, the director shall so notify the applicant in writing, return receipt requested, or by hand delivery. If the variance is denied, the applicant may appeal the decision of the director of public works to city council by filing a written notice of appeal with the city clerk within ten (10) days of the applicant's receipt of the notice of denial of the variance. The public works director shall then schedule a council hearing on the appeal at the earliest convenient regular council meeting and shall notify both the appellant and the director of public works of the date of the council hearing. After holding a hearing on the denial of the variance, the council by majority vote shall either sustain the actions of the director of public works or order the director to grant the variance.

(e)

Approval Criteria. The director of public works may grant a variance from the requirements of the district if the director finds both of the following conditions:

(1)

That the requirements for modification of the owner/customer's property pose a degree of practical difficulty which is distinctly unusual among properties located in the district, or that these requirements would otherwise cause an unusual and undue hardship to the property owner or utility customer who is requesting the variance; and

(2)

That approval of the variance would not be contrary to public policy and would not substantially weaken the general purposes of this division and of the specific utility conversion district in which the property lies.

(f)

Scope of Approval. Whenever a variance has been granted under this section, and thereafter utility services are disconnected from the property due to the request, direction or actions of the property owner, the variance becomes null and void. Any reconnection of utility service to the property must be accomplished in a manner consistent with the requirements of this division and of the ordinance which established the utility conversion district.

(Ord. No. 98697 § 6) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)