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01-26-26 Planning Commission Meeting
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01-26-26 Planning Commission Meeting
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28 <br />LA515\1\1066805.v2 <br />7. Conditions. The planning commission may recommend and the board of adjustment may <br />impose such restrictions and conditions upon the property that is the subject of the variance <br />as may be necessary to comply with the standards established by this chapter or to reduce <br />or minimize the effect of such variance upon other properties in the neighborhood and to <br />better carry out the intent of the variance. <br />8. Effect of denial. No application by a property owner for a variance shall be submitted to <br />the board of adjustment within a six months period following a denial of such a request <br />unless, in the opinion of the board, new evidence of change in circumstances warrant it. <br />9. Expiration. A variance shall be deemed to authorize only one particular use and shall expire <br />if work does not commence within 12 months of the date of granting such variance, except <br />when: <br />1. Initial requests for an extension of one year or less. <br />1. A written request for an extension of one year or less is received by the city <br />at least 30 days prior to the expiration of the initial variance. In order to <br />make the request, the applicant shall submit an application on a form <br />provided by the city and pay an application fee in the amount set forth in <br />the city's fee schedule. The request for the extension must include facts <br />demonstrating that a good faith attempt has been made by the applicant to <br />complete or utilize the variance that was granted. <br />2. The planning director shall review the request and either approve or deny <br />the extension. The planning director's decision may be appealed to the board <br />of adjustment pursuant to LEC 105.12.310. <br />2. Subsequent requests for extensions and extensions for more than one year. <br />1. Subsequent requests for extensions and requests for an extension of more <br />than one year must be made to the city at least 30 days prior to the expiration <br />of the variance. In order to make the request, the applicant shall submit an <br />application on a form provided by the city and pay an application fee in the <br />amount set forth in the city's fee schedule. The request for the extension <br />must include facts demonstrating that a good faith attempt has been made <br />by the applicant to complete or utilize the variance that was granted. <br />2. The planning commission shall review the request and shall make a <br />recommendation to the city council as to whether the city council should <br />approve or deny the request. <br />10. Revocation. The board of adjustment may revoke a variance if any conditions established <br />by the board as part of granting the variance request are violated. <br />SECTION 20. The City Council of the City of Lake Elmo hereby ordains that Title 105, <br />Section 105.12.1210 of the City’s Code of Ordinances is amended as follows (proposed <br />language is underlined, deleted language is shown with strikethrough): <br />105.12.1210 Application Requirements For Pre-Application Conference, Preliminary Plan <br />And Final Plan <br />Five copies of the following plans, exhibits and documents shall be submitted to the City before <br />the pre-application conference, and as part of preliminary plan stage and the final plan stage <br />applications:
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