09-14-2020 Council Packet - Laserfiche WebLink

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July 20, 2020 page 14 decision or determination. Appeals to the board of appeals and adjustments may be taken by any 550 affected person upon compliance with any reasonable conditions imposed by the subdivision 551 regulations. Failure to file an appeal within ten days of the decision shall constitute a waiver of 552 the person's right to a hearing. 553 (2) To hear requests for varying the regulations as they apply to specific properties where an unusual 554 hardship on the land exists, but variances may be granted only upon the specific grounds set forth 555 in the subdivision regulations. Unusual hardship includes but is not limited to inadequate access 556 to direct sunlight for solar energy systems. 557 The procedures set forth in Chapter 78, Division 3 sections 78-97 through 78-99 apply to 558 determinations of the subdivision board of appeals and adjustments. 559 Secs. 82-52—82-80. - Reserved. 560 561 ARTICLE III. - PLAT APPROVAL PROCESS[3] 562 State Law reference— Plat review procedures, Minn. Stat. § 462.358, subd. 3b. 563 564 DIVISION 1. - GENERALLY 565 566 Sec. 82-81. - Restrictions on development prior to final plat approval. 567 Once a preliminary plat has been submitted to the city, whether a subdivision is occurring or not, no 568 building permits will be issued by the city for the construction of any building, structure or improvement 569 to the land or to any lot in the proposed subdivision until all requirements of this chapter have been fully 570 completed, including the official recording of the final plat, or until the application is formally withdrawn 571 by the subdivider. When specifically authorized by this chapter and specifically approved by the council, 572 permits may be issued for the construction of certain improvements such as roads, utilities and drainage 573 structures. 574 Sec. 82-82. - Coordination of flexible zoning application with subdivision approval. 575 (a) Intent. It is the intent of this chapter that subdivision review be carried out simultaneously with the 576 review of accessory zoning applications, (variances, zone changes or other similar prerequisites) to the 577 subdivision. flexible zoning applications. 578 (b) Fees. Whenever a proposed subdivision requires accessory zoning applications, includes a use of land 579 requiring flexible zoning approval, the subdivider shall file the separate flexible zoning applications 580 and pay all required fees concurrent with the filing of the preliminary plat application. 581 (c) Review. Review of the flexible zoning application shall be concurrent with review of the preliminary 582 plat, and any flexible zoning approval shall be contingent upon approval and subsequent recording of 583 the final plat. 584 Sec. 82-83. - Official submission dates. 585 (a) (a) The City shall establish and publish submittal deadlines for land use applications annually. 586 Subdivision applications shall be submitted based on this schedule. 587 (a) For the purpose of this chapter, a subdivision application shall be preliminarily approved or 588 disapproved by the city within 120 days following the delivery of an application completed in 589 compliance with this Code by the applicant to the city unless an extension of the review period has 590 been agreed to in writing by the applicant. 591 (b) When a division or subdivision to which the regulations of the city do not apply is presented to the 592 city, the city clerk administrator or designee shall within ten days certify that the subdivision 593 regulations of the city do not apply to the particular division. 594 Commented [JB37]: Council: Who do you want hearing appeals? Commented [JB38R37]: The Planning Commission is the zoning board of appeals and adjustments. Commented [JB39]: We removed ‘flexible zoning applications’ in favor of calling it what they are. Commented [JB40]: Subdivisions had their own, different deadlines, causing problems for staff.