SEC. 12.50. ADMINISTRATION AND ENFORCEMENT.

Subd. 1. Nonplatted Subdivisions.

A. Certificate of Survey. All certificates of survey in the City shall be presented to the Planning Commission in the form of a preliminary plat in accordance with the standards set forth in this Chapter for preliminary plats and the Planning Commission shall first approve the arrangement, sizes and relationships of proposed tracts in such certificate of surveys, and tracts to be used as easements or roads should be so dedicated. Unless a recommendation and approval have been obtained from the Planning Commission and Council, respectively, in accordance with the standards set forth in this Chapter, building permits will be withheld for buildings on tracts which have been so subdivided by certificate of surveys and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts unless so approved.

B. Conveyance by Metes and Bounds. No division of one or more parcels in which the land conveyed is described by metes and bounds shall be made or recorded if the parcels described in the conveyance are five (5) acres or less in area and three hundred (300) feet or less in width unless such parcel was a separate parcel of record at the effective date hereof. Building permits will be withheld for buildings or tracts which have been subdivided and conveyed by this method and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts.

Subd. 2. Variances, Planning Commission Recommendations, Standards.

A. Findings. The Planning Commission may recommend a variance from the minimum standards of this Chapter (not procedural provisions) when, in its opinion, undue hardship may result from strict compliance. In recommending any variance, the Commission shall prescribe any conditions that it deems necessary to or desirable for the public interest. In making its recommendations, the Planning Commission shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be recommended when the Planning Commission finds:

1. That there are special circumstances or conditions affecting the property such that the strict application of the provisions of this Chapter would deprive the applicant of the reasonable use of his land.

2. That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated.

3. That the variance is to correct inequities resulting from an extreme physical hardship such as topography, etc.

4. After considerations of the Planning Commission recommendations, the Council may grant variances, subject to Items 1, 2 and 3 immediately above.

B. Procedures.

1. Requests for a variance or appeal shall be filed with the City Administrator on an official application form. Such application shall be accompanied by a fee as established by Council resolution. Such application shall also be accompanied by five (5) copies of detailed written and graphic materials necessary for the explanation of the request.

2. Upon receiving said application, the City Administrator shall refer the application, along with all related information, to the Planning Commission for a report and recommendation to the Council.

3. The Planning Commission shall consider the variance at its next regular meeting unless the filing date falls within fifteen (15) days of said meeting, in which case the request would be placed on the agenda and considered at the regular meeting following the next regular meeting. The City Administrator shall refer said application, along with all related information, to the Planning Commission for consideration and a report and recommendation to the Council.

4. The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed variance request.

5. The variance application shall be referred to the City staff for a report and recommendation to be presented to the Commission.

6. The Planning Commission and City staff shall have authority to request additional information from the applicant concerning the variance or to retain expert testimony with the consent and at the expense of the applicant concerning said variance where said information is declared necessary to insure preservation of health, safety and general welfare.

7. The Planning Commission shall request the City Administrator to set a date for a public hearing. Notice of such hearing shall be published in the official newspaper at least ten (10) days prior to said hearing, and individual notices shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property within three hundred fifty (350) feet of the parcel included in the request.

8. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Chapter.

9. The Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request as it may deem necessary to carry out the intent and purpose of this Chapter.

10. The Council shall not grant a variance until it has received a report and recommendation from the Planning Commission and the City staff or until sixty (60) days after the first regular Planning Commission meeting at which the request was considered.

11. Upon receiving the report and recommendation of the Planning Commission and City staff, the Council shall place the report and recommendation on the agenda for the next regular meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the Council meeting.

12. Upon receiving the report and recommendation of the Planning Commission and City staff, the Council shall make a recorded finding of fact and impose any condition it considers necessary to protect the public health, safety and welfare.

13. The Council shall decide whether to approve or deny a request for a variance or an appeal within thirty (30) days after the public hearing on said request.

14. A variance of this Chapter or grant of an appeal shall be by four-fifths (4/5) vote of the full Council.