(A) Responsible official. It shall be the duty of the Council to see that the provisions of this chapter are properly enforced.
(B) Building permit. No building permit shall be issued by any governing official for the construction of any building, structure or improvement on any land henceforth subdivided until all requirements of this chapter have been fully complied with.
(C) Variances. The Council shall have the power to vary from the requirements of this chapter when supporting evidence indicates that:
(1) Because of the particular physical surroundings, shape or topographic conditions of the land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;
(2) The conditions upon which the petition for a variance is based are unique to the tract of land for which the variance is sought and one not applicable, generally to other property with the same zoning classification;
(3) The purpose of the variance is not based exclusively upon a desire to increase the value of income potential of the parcel of land;
(4) The alleged difficulty or hardship is caused by the provisions of this chapter and has not been created by any persons presently or formerly having an interest in the parcel of land;
(5) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity in which the tract of land is located; and/or
(6) The proposed variance will not substantially increase congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity.
(D) Judicial review. Any person aggrieved by the provisions of this chapter may have the chapter, rule, regulation, decision or order, reviewed by an appropriate remedy in the District Court, subject to the provisions of M.S. § 462.361, as it may be amended from time to time.
(2003 Code, § 10.30) (Ord. passed 2-16-1953)