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467 Sec.82-46.-Enforcement. <br /> 1468 It shall be the duty of the City Administrator or designee to enforce this chapter <br /> 469 and to bring to the attention of the city attorney any violations or lack of compliance with this chapter. <br /> 470 Sec.82-47.-Fees for subdivision applications. <br /> 471 (a) The fees to be paid for each application for subdivision shall be in the amount prescribed by the <br /> 472 current city fee schedule provisions.Fees shall be payable at the time applications are filed with the <br /> 473 zoning administrator.There shall be no fee in the case of applications filed in the public interest by the <br /> 474 council or by the planning commission. <br /> 475 (b) No person shall be issued a permit pursuant to chapter 82 by the city until each applicant shall have <br /> 476 paid to the city clerk the fixed and additional costs incurred by the city in reviewing the application as <br /> 477 provided in this chapter. <br /> 478 (c) Each applicant shall be charged the fixed fee specifically provided in this chapter or other provisions <br /> 479 of this Code including the current fee schedule adopted by the city council as required to cover the <br /> 480 costs incurred by the city in administratively processing and reviewing the subdivision. <br /> 481 (d) Application fees are not refundable unless the application is withdrawn prior to referral to the planning <br /> 482 commission.In the case of such timely withdrawal,the amount of refund shall be reduced by the costs <br /> 483 incurred by the city prior to withdrawal,including but not limited to staff time,notification publication <br /> 484 expenses,and consultant costs. <br /> 485 (e) Each applicant shall comply with the provisions of chapter 75, reimbursement of development <br /> 486 expenses,escrows. <br /> 487 Sec.82-48.-Variances. <br /> 488 (a) Standards.Where the cityfinds that unusual hardship = . t . .-. <br /> / Commented[SM27]:Unusual hardship is the legal <br /> 489 may result from strict compliance with the provisions of this chapter, other than the procedural standard.462.358 subd.6. <br /> 490 provisions, and the purposes of this chapter may be served to a greater extent by an alternative <br /> 491 proposal,the city may approve variances to this chapter so that substantial justice may be done and <br /> 492 the public interest secured,provided that such a variance shall not have the effect of nullifying the <br /> 493 intent and purpose of this chapter;and further provided the city shall not approve variances unless it <br /> 494 shall make findings based upon the evidence presented to it in each specific case that: <br /> 495 (1) An unusual hardship on the land exists,including but not limited to inadequate access to direct <br /> 496 sunlight for solar energy systems; <br /> 497 (2) The granting of the variance will not be detrimental to the public safety,health or welfare or <br /> 498 injurious to other property; <br /> 499 (3) The conditions upon which the request for a variance is based are unique to the property for <br /> 500 which the variance is sought and are not applicable generally to other property; <br /> 501 (4) Because of the particular physical surroundings,shape or topographical conditions of the specific <br /> 502 land involved, an unusual hardship to the land would result, as distinguished from an <br /> 503 inconvenience or hardship to the subdivider, and it is found that the strict enforcement of this <br /> 504 chapter would result in an environmentally unsound development of the land; <br /> 505 (5) The variance will not in any manner vary the provisions of the .• <br /> 506 planCommunity Management Plan; <br /> 507 L : <br /> 508 :: : . .:: :: : • ' - -: ":• •I Commented[JB28]:Council:This clause currently does <br /> 509 (7) The variances will not in any manner vary the procedural requirements of this chapter. not give the Council flexibility from any standard in the <br /> zoning ordinance. <br /> June 15,2020 page 12 <br />