In the event an owner of property, required to dedicate any portion of property for roadway widening per the master street-widening plan under the provisions of Section
10-27 of this Chapter, and believing that the dedication will result in such diminishment of the property's dimension(s) as to preclude reasonable use of the property, thereby constituting an unnecessary hardship, may appeal the required dedication or portion thereof to the Parking and Traffic Commission. The Parking and Traffic Commission may waive the required dedication in part or in full, if the Commission can determine that the dedication is unreasonable and/or would constitute an unnecessary hardship due to diminishment of property size, provided that granting such waiver would not be detrimental to maintaining the public health, safety or welfare.
The appeal must be filed in writing with Public Works Director, citing the reasons for such appeal, and must be filed not less than thirty calendar days prior to the next scheduled meeting date for the Parking and Traffic Commission. Written notification of the time and place of the meeting at which the appeal will be considered will also be given to the Planning and Building Department Director, the Zoning Administrator and the City Administrative Officer. The determination of the Parking and Traffic Commission may be appealed to the City Council, such appeal filed in writing with the Public Works Director, citing the reasons for such appeal.
(Ord. 06-06 5-2-06; Ord. 08-05 4-22-08)