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S � ' , � � � Ordinance No. 24, Second Series Page 3 of 6 Section 5. Ordinance Section 10.03, Subdivision 21 is hereby repealed and the fol lowing language substituted in its place: Exception. The requirements of Subdivision 19 are not intended to govern the normal and customary grading in the area of an existing or a newly constructed building, or the grading of the driveway serving such building, nor to any movement under 100 cubic yards which does not adversely impact the existing drainage. Such grading and earth moving shall be approved by the Building Inspector at the time of issuance of the building permit, providing that a plan showing property drainage and protection of adjoining property has been submitted. Any unusual earth filling, removal or grading proposed by a builder shall be referred by the Building Inspector to the Planning Commission and the Council for action in accordance with this Chapter. The Building Inspector shall adhere to the following guidelines in the determination of unusual land alterations: l. AI1 excavations for foundations in excess of 12 feet if any amount of the excess material removed below 12 feet depth is to be stockpiled on the site. 2. Any additional fill brought on site in excess of 100 cubic yards except for fil 1 required to raise grade for adequate frost footings protection. 3. Grading or alterations that would propose any changes in elevations within five feet of adjacent residential lot lines except for drainage swales and ditches. Section 6. Ordinance Section 10.08, Subdivision 3 (A) is hereby amended by adding the following: (8) The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. (9) The conditions do not apply generally to other Iand or structures in the distict in which said land is located. (10) The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. (11) The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. (12) The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty.