Ordinance - #03-39 - 08/26/2003 - Laserfiche WebLink

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these requirement~ may cause a practical difficulty or undue hardship, provided that a variance may be granted o~y if the variance does not adversely affect the spirit and intent of this Chapter. Sul~d. 2. Procedure. Written application for a variance shall be filed with the Zoning Administrator on forms supplied by the City and shall state fully all facts relied upon by the applicant. !I'he application shall be supplemented with maps, plans or other data which may aid in an ana!ysis of the matter. A fee shall be charged for variance applications as set by Council resolution, Sul~d. 3. Board of Appeals Action. No variance shall be granted by the Board of Appeals ~unless it shall have received the majority vote of the Board of Appeals. The Board of Appealsi shall make written findings and conclusions of its action on the variance application, which!findings and conclusions shall be adopted by Resolution. 9.50.09 - .30 9.50.07 Filing and Recording Conveyances Subdivision 1. Restriction on Filing and Recording Conveyances. No conveyance of lan~l shall be filed or recorded if the land is described in the conveyance by metes and bounds or by t'eference to an unapproved registered land survey made after April 21, 1961 or to an unapproved plat made after these regulations become effective. The foregoing provision does not apply to a~ conveyance if the land described: a. Was a separate parcel of record on April 28, 1972; bo Was the subject of a written agreement to convey entered into prior to April 28, 1972; and Was a separate parcel of not less than two and one-half (2-1/2) acres in an area and 200 feet in width on January 1, 1966, was a single parcel of land not less than five acres and having a width of not less than 300 feet on April 28, 1972 (or is a single parcel of land not less than 20 acres and having a width of not less than 500 feet). Subd. 2. Hardship. In any case in which compliance with the foregoing restrictions will cr~, ate an unnecessary hardship and failure to comply does not interfere with the purpose of this Chapter, the Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be filed or recorded. Sutld. 3. Civil Penalty. Any owner or agent of the owner of land who conveys a lot or p_~rcel in violation of the provisions of this Section shall forfeit and pay to the City a penalty as p'..l'escribed. The City may enjoin such conveyance or may recover such penalty by a civil action in~rany court of competent jurisdiction. Sulid. 4. Plats Previously Recorded. All preliminary or final plats, registered land stdweys or other subdivisions of land approved but not filed under previous 9.50 Subdivision [tiegulations 9-25 August 2003 Draft