12.06.105 Variances.
(A) Any person, firm or corporation desiring to apply for a variance of the curb, gutter and drive-way design standards shall make application therefor on forms provided by the city engineer. Such application shall be accompanied by a sketch showing the following:
(1) Existing topography with contours at two-foot intervals;
(2) The location of all buildings and other structures, parking areas, drives, walks, screening, drainage structures, public streets and any existing easements on the property being remodeled or rehabilitated and on all property within two hundred feet adjacent thereto; and
(3) Sufficient dimensions to indicate relationships between buildings, property lines, parking areas, and other elements included on the sketch.
(B) Such application and sketch shall be forwarded to the city engineer for his consideration. The city engineer may grant a variance whenever the he determines that such variance:
(1) Is necessary because the configurations, locations or topography of the land makes the application of the design standards impractical or impossible; and
(2) Will not hinder traffic safety; and
(3) Will not be injurious to other property in the vicinity in which the property is located.
(C) Every decision of the city engineer shall be in writing. A certified copy shall be sent by mail or otherwise to the applicant.
(D) Any person aggrieved by a decision of the city engineer in the enforcement of this title shall have the right to appeal any such decision in accordance with the following procedures:
(1) A hearing before the Olathe Governing Body may be required within thirty days of a decision of the city engineer. The Governing Body shall consider any information offered by the aggrieved person bearing on the dispute and may either modify or confirm the city engineer’s decision.
(2) Any person aggrieved by an final decision of the city engineer following review by the Governing Body may seek review by a court of competent jurisdiction in the manner provided by the laws of the state. (Ord. 86-55 § 2, 1986; Ord. 932 § 1, 1979.)