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Right -of -Way, and by considerations relating to the public health, safety and <br />welfare. <br />• Subd. 2. Permissive Denial. The City may deny a permit in order to protect the <br />public health, safety and welfare, to prevent interference with the safety and <br />convenience of ordinary travel over the Right -of -Way, when necessary to protect the <br />Right -of -Way and its users. The City may consider one or more of the following <br />factors: <br />A. The extent to which Right -of -Way space where the permit is sought is <br />available; <br />B. The competing demands for the particular space in the Right -of -Way; <br />C. The availability of other locations in the Right -of -Way or in other Rights -of - <br />Way for the equipment of the permit applicant; <br />D. The applicability of ordinance or other regulations of the Right -of -Way that <br />affect location of equipment in the Right -of -Way; <br />E. The degree of compliance of the applicant with the terms and conditions of its <br />franchise, this Chapter and other applicable ordinances and regulations; <br />F. The degree of disruption to surrounding communities and businesses that will <br />• result from the use of that part of the Right -of -Way; <br />G. The condition and age of the Right -of -Way, and whether and when it is <br />scheduled for total or partial reconstruction; and <br />H. The balancing of the costs of disruption to the public and damage to the Right - <br />of -Way, against the benefits to that part of the public served by the expansion <br />into additional parts of the Right -of -Way. <br />Subd. 3. Discretionary Issuance. Notwithstanding the provisions of this Chapter, the <br />City may issue a permit in any case where the permit is necessary (1) to prevent <br />substantial economic hardship to a customer of the permit applicant, or (2) to allow <br />such customer to materially improve its utility service, or (3) to allow a new <br />economic development project; and where the permit applicant did not have <br />knowledge of the hardship, the plans for improvement of service, or the development <br />project when said applicant was required to submit its list of Next -year Projects. <br />Subd. 4. Permits for Additional Next -year Projects. Notwithstanding the <br />provisions of this Chapter, the City may issue a permit to a registrant who was <br />allowed under this Chapter to submit an additional Next -year Project, or in the event <br />the registrant demonstrates that it used commercially reasonable efforts to anticipate <br />and plan for the project, such permit to be subject to all other conditions and <br />• requirements of law, including such conditions as may be imposed under this <br />Chapter. <br />360-14 <br />