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<br />..........•■ A $ 11.02lor^td to A ^ceatcr extent by an alternative proposal, the City may appcovm variances to this Chapter so that substantial justice may be done and the public interest secured, provided that such a variance shall not have the effect of nullifying the intent and purpose of this Chaptsrj and furthsr provided the City shall not approve variances unless it shall make findings bastd upon the evidence presented to it in each specific case that:1. An unusual hardship on the land exists,
<br />including but not limited to, inadequate access to direct sunlight
<br />for solar energy systems; and,
<br />2. The granting of the variance vill not be
<br />detrimental to the public safety, health, or welfare or injurious
<br />to other property; and,
<br />3. The conditions upon which the request for a
<br />variance is based are unique to the property for which the variance
<br />is sought a.id are not applicable generally to other property; and,
<br />4. Because of the particular physical
<br />surroundings, shape or topographical conditions of the specific
<br />land involved, an unusual hardship to the land would result, as
<br />distinguished from an inconvenience or hardship to the subdivider,
<br />and It is found that the strict enforcement of this Chapter would
<br />result in an environmentally unsound development of the land; and,
<br />5. The variance will not In any manner vary
<br />the provisions of the Comprehensive Municip<»l Plan; and,
<br />6. The variances will/not in any manner vary
<br />the minimum reaultements for a lot as set forth in c.*e Zoning
<br />Chapter of the City Code as applied to the entire subdivision; and,
<br />7. The variances will not in any manner vary
<br />the procedural requirements of this Chapter.
<br />B. Conditions. In approving the variance, the City
<br />shall require such conditions as will. In its Judgment, secure
<br />substantially the objectives of this Chapter and the subdlvider
<br />shall agree to be bound by the conditions.
<br />C. Procedure. An application for any such variance
<br />shall be submitted in writing by the subdivider at the time when
<br />the preliminary plat is filed. The application shall state fully
<br />the grounds and all of the facta to justify the granting of a
<br />variance and will be approved or disapproved at the time the
<br />Council reviews the preliminary plat.
<br />Subd. 11. Enforcement, Violations and Penalties.
<br />Enforcement. It shall be the duty of the Zoning
<br />Administrator to enforce this Chapter and to bring to the attention
<br />of the City Attorney any violations or lack of compliance
<br />therewith.
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<br />ORONO CC (4-1-84)
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<br />S 11.0363. "Subdlvider* - Any person who (1) has am Interest in land, who causes it, directly or Indirectly to be divided into a subdivision or who (2) directly or indirectly sells, leases, or develops, or advertises for sale, lease, or development, any Interest, lot, parcel, site, unit or plot in a subdivision, or who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, less# or development a subdivision or any interest, lot, parcel, site, unit or plot in a subdivision, or who (4! is directly or indirectly controlled by or under direct, or indirect coosson control with any of the foregoing.64. •Subdivider's Agent* - Any person, firm,
<br />corporation, or realtor who represents, or acts for or on bahalf
<br />of. a subdividar in selling, leasing or developing, or offering to
<br />sell, lease, or develop any interest, lot, parcel, unit, site or
<br />plot in a subdivision.
<br />65. •Subdivision* - Tha separation of an area,
<br />parcel, or tract of land under single ownership into two or more
<br />parcels, tracts, lots, or long-term leasehold interests where the
<br />creation of the leasehold interest necessitates the creation of
<br />streets, roads, or alleys, for residsntial, cosmercial, industrial,
<br />or other use or any combination thereof, except those ssparationsi
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<br />a. Where all tha resulting parcels, tracts,
<br />lots, or interests will be 20 acres or larger in size and 500 feet
<br />in width for residential uses and five acres or larger in size for
<br />commercial and industrial uses;
<br />b. Creating cemetery lots;
<br />c. Resulting from court orders, or the adjust
<br />ment of a lot line by the relocation of a common boundary as long
<br />as each of the two resulting lots meets the requirements of ths
<br />Zoning Chapter of the City Code.
<br />66. ■Subdivision, Classification*.
<br />•• Class I Subdivision* - A Class I
<br />Subdivision shall be exempt from platting by the City and shall be
<br />permitted subdivision by metes and bounds ifescription dsscribed by
<br />a Registered Land Surveyor if it meets one or more of the following
<br />criteria:
<br />. subdivision results in no more
<br />than two buildable lots where each resulting lot meets or exceeds
<br />Jin *#*‘^'^***a^^ square feet) of land, and each lot has at least
<br />of frontage on a public roadway which has been accepted
<br />and opened by the City or on a private roadway open to travel or
<br />to sn easement between persons or between
<br />persons snd the City, and where no flexible toning application or
<br />•xtonalon of Bunlclpal utililties is Involved;
<br />ORQHO CC (4-1-84)
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