Ordinance - #03-20 - 07/22/2003 - Laserfiche WebLink

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County Recorder's Office no sooner than ten (10) days following the final action of the Board of Adjustment. St!br. 4. Lapse of Variance. Unless otherwise specified by the Board of Adjustment at th~ time it is authorized, a variance, shall become null and void one (1) year after the final action of the Board of Adjustment if not initiated or utilized. The City shall notify the variance holder o¥ such a lapse of variance at time of issuance. A variance holder may petition for an extension t>f time in which to complete or utilize the variance. Such extension shall be requested in writing and filed with the City at least thirty (30) days before the expiration of the original variance.F The request for extension shall state facts showing a good faith attempt to complete or use the variance. Such petition shall be presented to the Council for decision. Subd. 5. Performance Security Upon approval of a variance, the City shall be provided, where deemed necessary by the Board of Adjustment, with a surety bond, cash escrow, certificate of deposit, securities, or cash deposit prior to the issuing of building permits or initiation of work on the proposed improvements or development. This security shall guarantee conformance and compliance with the conditions of the variance and City Code provisions. The security shall be in the amount equal to the City Engineer's or Building Official's estimated costs of labor and materials for the proposed improvements or development. The City shall hold the security until completion of the proposed improvements or development and a certificate of occupancy indicating compliance with the variance and City Code provisions has been issued by the Building Official. do Failure to comply with the conditions of the variance or appeal and City Code provisions shall result in forfeiture of the security. Whenever a performance guarantee is imposed by the City, the applicant shall be required to enter into a performance agreement with the City. This agreement is to provide authorization to the City to utilize the posted security and complete stipulated work should the applicant fail to meet the terms and conditions of the permit. Said agreement shall hold harmless the City for completion of the work and address other matters as may be determined by the City Attorney. 9.03.08 Site:Plan Review. Subd. 1. It is the policy of the City to preserve and promote attractive, stable residential, business and industrial environments through the construction of quality projects and developments. No structure or land shall be used or change uses, occupied, erected, constructed, 32