§ 52-91. Variance and appeal.

(a)

A person who has properly applied for and has been denied a permit by the city council under sections 52-80 through 52-81 hereof may request a variance from the application of this division. All requests for variances shall be made in writing to the city council and shall include:

(1)

The subject of the requested variance; and

(2)

The justification for granting a variance.

(b)

The party requesting a variance has the burden of demonstrating that sufficient evidence exists for the granting of a variance to these rules, and the city council shall consider and provide a written response to all such variances.

(c)

If a variance is granted for the construction of a water well, the water well shall be constructed by a state-licensed driller and according to the methods outlined in the city council procedures. This construction shall occur under the authority of the permit to drill issued by the city council and under the inspections associated with the permit.

(d)

Any variance granted under this section shall have a term of three years from the date of issuance, and any activity which would otherwise be prohibited by this division except for the existence of a variance may not continue after the expiration of the applicable variance.

(e)

The decision by the city council shall be final. There shall be no further appeal by any person who properly requests a variance pursuant to this section which is denied by decision of the city council.

(Ord. No. 737, § I, 9-19-2011)