12.08.050 - Variance from construction requirements.

(a)

A variance from the application of Section 12.04.030 in requiring public street improvements to be installed in conjunction with improvements to the abutting property may be granted under the following circumstances:

(1)

Where the city engineer finds and determines that area drainage facilities are inadequate and that the installation of all or a portion of the required public improvements would endanger the public welfare by reason thereof; or

(2)

Where the city engineer determines that it would be in the best interest of the city to cause all or a portion of the required work to be done on an area project basis rather than on an individual basis; or

(3)

Where the city administrator finds and determines that the requirements, as applied to an individual property, by reason of exceptional or extraordinary situation or condition of the property, or the location thereof, or of the use or development of property in the immediate vicinity of the property, will involve practical difficulties or would cause undue hardship, unnecessary to carry out the purposes and spirit of this chapter.

(b)

Variance shall not be granted nor become effective unless and until an agreement between the property owner and the city of Commerce is properly executed, agreeing that the property owner will undertake the construction of the required improvements as required by these regulations within ninety days after notice to begin the construction of the improvements is sent by the city to the property owner. The agreement shall further provide that, in the event of default in undertaking and completing the required improvements within the time specified, the city may cause the work to be done and the cost thereof to be assessed as a lien against the property. The agreement shall recite that it runs with the land and shall be recorded in order to constitute notice to any prospective buyers or encumbrancers. The city administrator is hereby authorized to execute such an agreement for and on behalf of the city.

(Ord. 62 §1 (part), 1962: prior code §7403).