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<br />5 <br /> <br />Commission may view the premises upon which the structure is located or to be located, and at <br />the hearing the Commission shall examine the application papers and hear the applicant. It may <br />also hear any citizens of the neighborhood and other individuals who request to be heard. Within <br />48 hours of the close of the hearing, the Commission shall, pursuant to a majority vote of all the <br />members of the Commission, file written findings of the fact. It shall determine whether the <br />exterior design, appearance, and functional plan of the structure is or is not at a variance or so <br />similar with the exterior design, appearance, and functional plan of structures constructed or in <br />the course of construction in the neighborhood of the proposed structures, (in the same zoning <br />district) as to cause material depreciation generally to property in the neighborhood. The <br />Commission shall further make a recommendation that the application be accordingly granted or <br />denied. The finding, determination, and recommendation shall be in writing, signed on behalf of <br />the Planning Commission by its Chair. The Clerk City Administrator shall file a certified copy <br />of the finding, determination, and recommendation with the Building Official and shall mail a <br />copy to the applicant. The application papers, the written opinions, and the findings, <br />determinations, and recommendations of the Planning Commission shall immediately be <br />presented by the Clerk City Administrator to the Council at its next regular meeting. Further <br />action with respect to the application shall be held in abeyance pending order and direction of the <br />Council. In that case, no permit with respect to the application shall be issued except upon order <br />and direction of the Council. <br /> <br />SECTION 9. The City Council of the City of Lake Elmo hereby amends the City Code by <br />repealing Section 151.026, Suspension or Revocation, in its entirety. <br />SECTION 10. The City Council of the City of Lake Elmo hereby amends Section 151.027, <br />paragraph (B) of the City Code by deleting the stricken language and adding the underlined <br />language as follows: <br />§ 151.027 CONSTRUCTION SITE EROSION CONTROL. <br /> <br /> (B) Site grading. <br /> <br /> (1) Submission requirements. All applications for a building permit shall include a plot <br />or site plan detailing the proposed finished grades of the site at all building corners and all lot <br />corners. All grades proposed shall be consistent with the approved grading plan for the <br />subdivision in which the building site is located. <br /> <br /> (2) As built grades certification. No certificate of occupancy shall be issued Amounts <br />collected by the city and held in escrow as security to ensure completion of construction projects <br />for any structure until the for any activity which requires a permit shall be held until the builder <br />or the property owner have has provided the city with a certificate of a registered surveyor or <br />civil engineer attesting to the “as built” grades of all building corners and site corners; and, the <br />certificate shows all the grades to be consistent with the plot or site plan attached to the building <br />permit application. <br /> <br />SECTION 11. The City Council of the City of Lake Elmo hereby amends the City Code by <br />repealing Section 151.040, Fire Detection System Required, in its entirety.