§ 29-148. Objections and requests for relief.

(a)

If any property owner has been notified by the director of the department of public works as provided in section 29-151 and has an objection to the construction or repair of a sidewalk or desires an extension of time within which to perform such work, he may request such extension or raise whatever objection by filing same with the director; all such requests shall contain a written statement in affidavit form indicating the reasons for the owner's objection and/or need for an extension of time.

(b)

Upon request by an owner, the director may grant an extension of time, not to exceed one hundred eighty (180) days, when an unnecessary hardship or practical difficulty exists; such extension may be renewed only once for a period not to exceed one hundred eighty (180) days.

(c)

In deliberating on any such request for an extension of time, the director shall consider whether or not:

(1)

The extension, if granted will be detrimental to the public welfare or seriously affect or be injurious to other property or improvements in the neighborhood in which the applicant's property is located; and the director shall not grant approval unless either of the following conditions exist;

(2)

Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; and the special conditions and circumstances do not result from the intentional actions of the applicant or any other person who may have or had interest in the property; and the strict adherence to the regulation for the property would result in a demonstrable hardship upon the owner as distinguished from mere inconvenience; or

(3)

Literal interpretation of the provisions of this article would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this article, and granting the variance requested will generally not confer on the applicant any special privilege which is denied by this article to other lands, structures or buildings in the same district or similarly situated, and the purpose of the waiver is not based exclusively upon a desire to serve the convenience or profit of the property owner or other interested party.

(d)

Upon denial or at the expiration of a temporary waiver, or waivers, as provided hereinabove, any property owner seeking further relief may do so by application to the council.

(Ord. No. 16613, § III, 9-25-85)