09-14-2020 Council Packet - Laserfiche WebLink

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July 20, 2020 page 12 It shall be the duty of the zoning administrator City Administrator or designee to enforce this chapter 467 and to bring to the attention of the city attorney any violations or lack of compliance with this chapter. 468 Sec. 82-47. - Fees for subdivision applications. 469 (a) The fees to be paid for each application for subdivision shall be in the amount prescribed by the 470 current city fee schedule provisions. Fees shall be payable at the time applications are filed with the 471 zoning administrator. There shall be no fee in the case of applications filed in the public interest by the 472 council or by the planning commission. 473 (b) No person shall be issued a permit pursuant to chapter 82 by the city until each applicant shall have 474 paid to the city clerk the fixed and additional costs incurred by the city in reviewing the application as 475 provided in this chapter. 476 (c) Each applicant shall be charged the fixed fee specifically provided in this chapter or other provisions 477 of this Code including the current fee schedule adopted by the city council as required to cover the 478 costs incurred by the city in administratively processing and reviewing the subdivision. 479 (d) Application fees are not refundable unless the application is withdrawn prior to referral to the planning 480 commission. In the case of such timely withdrawal, the amount of refund shall be reduced by the costs 481 incurred by the city prior to withdrawal, including but not limited to staff time, notification publication 482 expenses, and consultant costs. 483 (e) Each applicant shall comply with the provisions of chapter 75, reimbursement of development 484 expenses, escrows. 485 Sec. 82-48. - Variances. 486 (a) Standards. Where the city finds that unusual hardship extraordinary hardships or practical difficulties 487 may result from strict compliance with the provisions of this chapter, other than the procedural 488 provisions, and the purposes of this chapter may be served to a greater extent by an alternative 489 proposal, the city may approve variances to this chapter so that substantial justice may be done and 490 the public interest secured, provided that such a variance shall not have the effect of nullifying the 491 intent and purpose of this chapter; and further provided the city shall not approve variances unless it 492 shall make findings based upon the evidence presented to it in each specific case that: 493 (1) An unusual hardship on the land exists, including but not limited to inadequate access to direct 494 sunlight for solar energy systems; 495 (2) The granting of the variance will not be detrimental to the public safety, health or welfare or 496 injurious to other property; 497 (3) The conditions upon which the request for a variance is based are unique to the property for 498 which the variance is sought and are not applicable generally to other property; 499 (4) Because of the particular physical surroundings, shape or topographical conditions of the specific 500 land involved, an unusual hardship to the land would result, as distinguished from an 501 inconvenience or hardship to the subdivider, and it is found that the strict enforcement of this 502 chapter would result in an environmentally unsound development of the land; 503 (5) The variance will not in any manner vary the provisions of the comprehensive municipal 504 planCommunity Management Plan; 505 (6) The variances will not in any manner vary the minimum requirements for a lot as set forth in 506 chapter 78 as applied to the entire subdivision; and 507 (7) The variances will not in any manner vary the procedural requirements of this chapter. 508 Commented [SM28]: Unusual hardship is the legal standard. 462.358 subd. 6. Commented [JB29]: Council: This clause currently does not give the Council flexibility from any standard in the zoning ordinance.