A. Any applicant aggrieved by a determination of the city engineer or public works supervisor pertaining to interpretations or application of the provisions of this chapter may appeal to the city council.

B. The city council may make such modifications in the requirements of this chapter or may grant such waivers or modifications to the determinations which are appealed to the council as it determines are required to prevent any unreasonable hardship under the facts of the case or to obviate any required improvement unrelated to increased traffic flow or pedestrian use of rights-of-way.

C. All new construction covered by this chapter is presumed to result in increased traffic flow and pedestrian movement, and it shall be the burden of the appealing party to show otherwise. (Ord. 12-02, 2012)