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Subd. 2. Procedure. Written application for a variance shall be filed with <br />thc Zoning Administrator on forms supplied by the City and' shall state fully all facts relied upon <br />by the applicant. The application shall be supplemented with maps, plans or other data which <br />may aid in an analysis of the matter. <br />Gom. m~:~i~n ~br it:; recr~mmcndation and wr-2tcn report to t~e Council ±bt its :fi:t'~a{ action. A fee <br />shall be charged for variance applications as set by Council resolution, <br /> <br /> Subd. 3. Gou-meil--Board of Appeals Action. No variance shall be granted <br />by the c~,~unci4-Board of Appeals unless it shall have received the majority vote of the <br />~mnc-i:[Board of Appeals. The Council shall make written findings and conclusions of its action <br />on the variance application, which findings and conclusions shall be ~m~ed-h¥~-~e. Ce, mc&lb <br />e[.!l~.ei.al--mi..}mt, esadopted by Resolution. <br /> 9.50.09 - <br />9.50.09 Filing and Recording Conveyances <br /> <br /> Subdivision 1. Restriction on Filing and Recording Conveyances. No <br />conveyance of land shall be filed or recorded if the land is described in the conveyance by metes <br />and bounds or by reference to an unapproved registered land survey made after April 21, 1961 or <br />to an unapproved plat made after these regulations become effective: The foregoing provision <br />does not apply to a conveyance if the land described: <br /> <br />a. Was a separate parcel of record on April 28, 1972; <br /> <br />Was the subject of a written agreement to convey entered into prior to April <br />28, 1972; and <br /> <br />Was a separate parcel of not less than 'two and one-half (2-1/2) acres in an <br />area and 200 feet in width 'on January 1, 1966, was a single parcel of land <br />not less than five acres and having a width of not less than 300 feet on April <br />28, 1972; (or is a single parcel of land not less ttxan 20 acres and having a <br />width of not less than 500. feet). <br /> <br /> Subd. 2. Hardship. in any case in wiffch compliance with the foregoing <br />restrictions will create an unnecessary hardship and failure to comply does not interfere with the <br />purpose of this Chapter, the Council may waive such compliance bY adoption of a resolution to <br />that effect and the conveyance may then be filed or recorded. <br /> <br /> Subd. 3. Civil Penalty. Any owner or agent of the owner of land who <br />conveys a lot or parcel in violation of the provisions of tiffs Section shall forfeit and pay to the <br />City a penalty as prescribed. The City may enjoin such conveyance or may recover such penalty <br />by a civil action in any court of competent jurisdiction; <br /> <br /> Subd. 4. Plats Previously Recorded. All preliminary or final plats, <br />registered land surveys or other subdivisions of lm~d approved but not filed under previous <br />ordinances shall be subject to all requirements of this Chapter but will be reviewed separately on <br />their own merits. <br /> <br />9.50 Subdivision Regulations <br /> <br />9-34 <br /> <br />March 2003 Draft <br /> <br /> -267- <br /> <br /> <br />