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The city engineer may and/or public works supervisor, in the exercise of sound discretion, relieve an applicant from compliance with all or a portion of the provisions of this chapter if the city engineer finds:

A. The street fronting on the subject property has already been improved to the maximum feasible and desirable state, recognizing that there are some such streets which may have less than standard improvements, when necessary to avoid unreasonable interference with such things as trees, walls, yards, structures, and open space.

B. The granting of the waiver or modification will not create or perpetuate a hazardous or defective condition or be otherwise detrimental to the health, safety or welfare of the residents of the city. (Ord. 12-02, 2012)