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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)
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)
ENFORCEMENT
Any person, firm, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine and/or by imprisonment as provided for in the state statutes. Each day a violation exists may constitute a separate offense. (M.S. §§ 609.03 and 609.033)
(Ord. 274, passed 4-15-1997)