X — Deviation

X. Deviation

Where the City finds that hardships or practical difficulties result from compliance with the Design Standards for Access Management or other requirements under the Access Management Policy, the City may approve a deviation to such standards and requirements, provided that public health, safety and welfare are not jeopardized and the public interest is served. However, deviations may not conflict with applicable State or Federal standards and requirements. If the applicant wants to continue with the current design and seek a deviation, a request for deviation shall be submitted by the permit applicant in writing to the Director of Building and Safety for single and two family residences. All other requests for deviation shall be submitted by the permit applicant in writing to the Director of Public Works and Utilities or designee. Requests for deviations shall be submitted on a Request for Deviation form prepared and approved by the appropriate Director. The Director, after reviewing the submitted request, may require more information from the permit applicant to complete the request. Deviations may be approved if: (1) the applicant can demonstrate other reasonable access options exist which provide a positive cost/benefit for traffic flow; and (2) the deviation will not materially increase delay or congestion to traffic flow as determined by Public Works and Utilities and is not otherwise detrimental to the safety of the motoring public; or (3) the deviation generally will improve the traffic situation and contribute to the removal of impediments to traffic flow. The Director has five working days from the receipt of a complete request for deviation to issue a decision of approval or denial. If the Director of Building and Safety or the Director of Public Works and Utilities or their designee denies the requested deviation, the applicant may appeal the decision to City Council pursuant to Chapter 14.75 of the Lincoln Municipal Code and this policy. The City Council shall have a public hearing and make a determination regarding the deviation request and either approve, approve with modification or deny the deviation request. Since the City Council’s decision regarding the deviation request will affect the decision on the Driveway Approach Permit, the City Council will, at the same hearing, make a determination on the Driveway Approach Permit and either deny the permit or approve the permit with the deviation request approved, with the deviation request approved as modified or with the deviation request denied. The decision by the City Council on the Driveway Approach Permit is the final decision and may be appealed in accordance with state law. For deviation requests relating to access on a state or federal controlled route, please refer to General Instructions for Driveway Approach Permit Applications on State or Federal controlled routes.