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the land exists,ut Vyariances may be granted only upon the specific grounds set forth in this <br />section. In granting any variance, the Planning Commission may recommend, and the Council <br />shall prescribe, the conditions as it deems necessary and desirable to protect the public interests. <br />In no case shall any of the procedural requirements of this chapter be waived nor shall a variance <br />be deemed to permit any waiver or avoidance of the procedural requirements. <br />(B) Planning Commission review. No variance shall be granted until the matter has been <br />considered by the Planning Commission. In making its recommendations and making the findings <br />set forth in paragraph (C) below, the Planning Commission shall take into account the nature of <br />the proposed use of land and the existing use of land in the vicinity, the number of persons to <br />reside or work in the proposed subdivision., and the probable effect of the proposed subdivision <br />upon would have on traffic conditions in the vicinity of the proposed subdivision. <br />(C) Findings. A variance shall be granted only where the City Council finds the variance is in <br />harmony with the general purposes and intent of this chapter and when the variance is consistent <br />with the Comprehensive Plan. The applicant also must establish that there is an unusual hardship in <br />complying with this chapter. "Unusual hardship" as used in connection with the granting of a <br />variance means as follows: <br />(1) that the property owner proposes to use the property in a reasonable manner not <br />permitted by this chapter- <br />(2) the plight of the property owner is due to circumstances unique to the property not <br />created by the property owner; and <br />(3) the variance, if granted, will not alter the essential character of the locality, <br />(2) That then ing ot the ,,ubl'. el fire ei- <br />ii�1ir eu-s-to ether prepefty,-ante <br />{x}--Thatffio-varianc-o OR ; f ur�u�iurd�lnip tel-a#irng-t�l-r.y <br />hu'fa "Ier. -e tke-laid <br />SECTION 6. The City Council of the City of Lake Elmo hereby amends Title XV: Land <br />Usage; Chapter 153: Subdivision Regulations by amending Section 153.12 by adding the <br />underlined language and removing the atAilket.1-r-o— language as follows: <br />§ 153.12- VARIANCE PROCEDURES. <br />(A) Application. Requests for a variance to from the City's subdivision regulations set forth in <br />this chapter standards or-an--apPeal shall be filed with the City on an official application form. The <br />application shall be accompanied by a fee as established from time to time by resolution of the <br />City Council. The application shall also be accompanied by detailed written and graphic materials <br />11 <br />