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PCAgenda_05Feb22
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PCAgenda_05Feb22
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consent of the applicant, shall have authority to table consideration of a variance <br />• or appeal. <br />Thereafter, the city council shall take up consideration of the variance or appeal <br />at any regular meeting requested by one of its members or by the applicant. <br />Action by the city council postponing or tabling a variance or appeal shall require <br />a simple majority vote of those present. <br />(m) Consideration after denial. Whenever an application for a variance or appeal has <br />been considered and denied by the city council, a new and substantially identical <br />application for a variance or appeal affecting the same property shall not be <br />considered again by the planning commission or city council for at least six <br />months from the date of its denial. For good cause shown, the city council may, <br />by majority vote of all its members, permit such a new application to be <br />considered prior to the expiration of such period. <br />Subd. 5. Lapse of variance or appeal. Whenever within one year after granting a <br />variance or appeal, or two years if a legally binding development agreement has been executed <br />between the applicant and the city for non-income producing single family residential dwellings, <br />the work as permitted by the variance or appeal shall not have been completed, then such <br />variance or appeal shall become null and void unless a petition for extension of time in which to <br />complete the work has been granted by the city council. Such extension shall be requested in <br />writing and filed with the city at least 20 days before the expiration of the original variance or <br />appeal. There shall be no charge for the filing of such petition. The request for extension shall <br />state facts showing a good faith attempt to complete the work permitted in the variance or appeal. <br />Such petition shall be presented to the city council for a decision. <br />Subd. 6. Performance bond. <br />(a) Except in the case ofnon-income producing residential property, upon approval <br />of a variance or appeal, the city shall be provided with a surety bond prior to the <br />issuing of building permits or initiation of work on the proposed improvements <br />or development. Said bond shall guarantee conformance and compliance with the <br />conditions of the variance or appeal and the codes and ordinances of the city. <br />(b) The surety bond shall be in the amount of the city engineer's or city building <br />inspector's or both estimated costs of labor and materials for the proposed <br />improvements or development. <br />(c) The city shall hold the surety bond until completion of the proposed <br />improvements or development and a certificate of zoning compliance indicating <br />compliance with the variance or appeal and codes and ordinances of the city has <br />been issued by the city building inspector. <br />(d) Failure to comply with the conditions of the variance or appeal or the codes and <br />ordinances of the city or both shall result in forfeiture of the bond. <br /> <br />
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