09-14-2020 Council Packet - Laserfiche WebLink

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July 20, 2020 page 13 (b) Conditions. In approving the variance, the city shall may require such conditions as will, in its 509 judgment, secure substantially the objectives of this chapter.; and the subdivider shall agree to be 510 bound by the conditions. 511 (c) Procedure. An application for any such variance shall be submitted in writing by the subdivider at 512 the time when the preliminary plat is filed. The application shall state fully the grounds and all of the 513 facts to justify the granting of a variance and will be approved or disapproved denied at the time the 514 council reviews the preliminary plat. 515 State Law reference— Variances, Minn. Stat. § 462.358, subd. 6. 516 Sec. 82-49. - Issuance of building permits and certificates of occupancy. 517 (a) When public and/or private improvements are required for a subdivision, building permits and 518 certificates of occupancy may be issued only subject to the approval of the council and shall be 519 provided for in to the subdivider's agreementdevelopment contract. 520 (b) Building permits will not be issued to any lot which lot has access only onto proposed public or 521 private street unless such street has been improved to the point so that it is adequate for vehicular 522 access by the prospective occupant and by police and fire department and emergency vehicles. 523 (bc) In no case will a certificate of occupancy be issued to any building on any lot in the subdivision 524 which lot has access only on a new public or private street until a certificate of satisfactory completion 525 has been issued for that public or private street. 526 Sec. 82-50. - Consumer protection legislation and conflicts of interest statutes. 527 (a) No building permit or certificate of occupancy shall be granted or issued if the subdivider shall have 528 violated any federal, state or local law pertaining to consumer protection of real estate land sales, 529 promotion or practices, or any applicable conflicts-of-interest legislation with respect to the lot or 530 parcel of land which is the subject of the permit or certificate, until so ordered by a court of competent 531 jurisdiction. 532 (b) With respect to such lot or parcel of land, if a building permit or certificate of occupancy has been 533 granted or issued, it shall be subject to a revocation by the city until so ordered otherwise by a court 534 of competent jurisdiction. 535 (c) Any violation of a federal, state or local consumer protection law (including but not limited to the 536 Postal Reorganization Act of 1970; the Federal Trade Commission Act of 1970; Interstate Land Sales 537 Full Disclosure Act; the Truth in Lending Act; the Uniform Commercial Credit Code; State "Blue 538 Sky" laws; state subdivision disclosure acts) or conflicts of interest statute, law or ordinance shall be 539 deemed a violation of this chapter and subject to all of the penalties and proceedings as set forth in this 540 article. 541 State Law reference— Required disclosures by sellers, Minn. Stat. § 462.358, subd. 4a. 542 Sec. 82-51. - Appeals. 543 The zoning board of appeals and adjustments established in section 78-96 shall also serve as the 544 subdivision board of appeals and adjustments. The board has the following powers with respect to the 545 subdivision regulations: 546 (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, 547 decision or determination made by an administrative officer in the enforcement of chapter 82. An 548 appeal under this section shall be filed no later than ten days following the order, requirement, 549 Commented [SM30]: We used to have the developer sign the variance resolution. I don’t think we can make the developer agree – either they comply with the variance or they don’t. Commented [JB32]: Where would we put in the requirement of a development contract? I only think we need them if there are public or private roads or utilities involved. Commented [SM31]: Do we always have a development contract? Is there something out there called a “development contract”? Commented [SM33]: I haven’t seen this before. Commented [JB34]: Removed Commented [JB35]: From City Attorney: There is no harm in keeping the language if there is a desire to keep that section. My thoughts: 1)I’m not a fan of having language in the code that isn’t utilized. I am not aware of the city ever utilizing the sections below and I am not aware of a statutory requirement that those provisions be in the code. 2)How is the City tracking or acquiring the information below. 3)There is always concern about what constitutes a valid reason to withhold approvals. Is there a nexus between what is listed below and the pending application? Commented [JB36]: The Planning Commission discussed this section at length on July 20th. Commissioner Gettman was in favor of keeping it as an additional tool to protect the consumer. The rest of the Commissioners were in favor of deleting it.