§ 153.100 METES AND BOUNDS.

   (A)   No building permit shall be issued for any structure on any parcel of land less than five (5) acres in area and having a width of less than three hundred (300) feet at the building setback line.

   (B)   No building permit shall be issued for any structure on any parcel of land less than five (5) acres in area and having a width of less than three hundred (300) feet on an improved public street, at the building setback line which is described by metes and bounds, until a plat describing such parcel of land is filed with the Kanabec County Register of Deeds and proof thereof is furnished to the local governing body.

   (C)   When a conveyance by metes and bounds is made the parcels involved are between five (5) and twenty (20) acres in size, a survey of the parcels involved shall be submitted to the City Clerk before any building permits will be issued for those parcels and a copy of the survey should be attached to the deed when it is submitted to the Kanabec County Register of Deeds for recording.

(Ord. 274, passed 4-15-1997)

§ 153.101 NON-COMPLYING SUBDIVISIONS.

   In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply does not interfere with the purpose of these regulations, the governing body may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded.

(Ord. 274, passed 4-15-1997)

VARIANCES

§ 153.110 GRANTING VARIANCES.

   Upon receiving the report from the Planning Commission, the governing body may grant a variance in any particular case where the subdivider can show that by reason of the exceptional topography or other physical conditions the strict compliance to these regulations could cause an exceptional and undue hardship on the enjoyment of a substantial property right. Such relief may be granted provided there is no detriment to the public welfare and no impairment of intended purpose of this regulation.

(Ord. 274, passed 4-15-1997)

§ 153.111 APPLICATION FOR VARIANCE.

   Application for any such variance shall be made in writing by the subdivider at the time when the preliminary plat is filed for consideration. Variance procedure will follow the Zoning Code process and a public hearing will be held. Such application shall state fully all facts relied upon by the subdivider, and shall be supplemented with maps, plans or other additional data which may aid the Planning Commission in the analysis of the proposed project. Such variances shall be considered at the next regular meeting held by the Planning Commission. The plans for such restrictions or other legal provisions necessary to guarantee the full achievement of the proposed plat. Any variance or modification thus granted shall be recorded and entered in the minutes of the governing body setting forth the reasons for granting the variance. The fees to be paid for each application for a variance shall be established by resolution of the governing body and be available in the from of a published fee statement.

(Ord. 274, passed 4-15-1997)