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<br />Right-of-Way, and by considerations relating to the public health, safety and <br />welfare. <br /> <br />e <br /> <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 /> <br />A. The extent to which Right-of-Way space where the permit IS sought IS <br />available; <br /> <br />B. The competing demands for the particular space in the Right-of-Way; <br /> <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 /> <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 /> <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 /> <br />F. The degree of disruption to surrounding communities and businesses that will <br />result from the use of that part ofthe Right-of-Way; tit <br /> <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 /> <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 /> <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 /> <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 a <br />Chapter. ., <br /> <br />360 - 14 <br />