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<br /> -' -'"' <br /> . 48.12. SEVERABILITY. If any part of this Chapter is held to be <br /> unconstitutional or otherwise illegal, the remainder of this Chapter shall <br /> be deemed and held to be valid and remain in force and effect as if such <br /> portion had not been included herein. If this Chapter or any provision <br /> herein is held to be inapplicable to any person, property or work, such <br /> holding shall not affect the applicability hereof to any other person's <br /> property or work. <br /> 48.13. SPECIAL ASSESSMENT. The property within a designated wetland <br /> which is restricted hereby or for which a development or other restrictive <br /> easement is conveyed to the municipality shall not be subject to future <br /> special assessments for the costs of public improvements for which such <br /> assessments are authorized pursuant to Chapter 26 of the Municipal Code. <br /> 48.14. VARIANCE AND APPEALS. <br /> Subdivision 1- Euoopt as etaor\liso previdod ia this orEiiaaaoo, tao An <br /> application for variance or appeal to the Council shall be processed <br /> according to tho proooduro spooifioEi for tao prooosEling of '.'ariaaoo aaEi <br /> appoals in Chapter 40 of the Municipal Code. <br /> Subdivision 2. No variance may be granted which would allow any use <br /> that is prohibited in the zoning district in which the property is located <br /> or which will: <br /> . A. Result in incompatible land uses or which would be detrimental to <br /> tho protootion of surface and groundwater resources supplios. <br /> B. Increase the financial burdens imposed on the community through <br /> increasing floods and overflow of water onto land areas within this <br /> City or onto land areas adjacent to Rice Creek. <br /> C. Be not in keeping with land use plans and planning objectives for <br /> the City or which will increase or cause danger to life or <br /> property. <br /> D. Be inconsistent with the objectives of encouraging land uses <br /> compatible with the preservation of the natural land forms, <br /> vegetation and tao marsaoB and wetlands within the City. <br /> E. Include development of land and water areas essential to continue <br /> the temporary withholding of rapid runoff of surface water which <br /> contributes to downstream flooding, or water pollution, or <br /> development of land and water areas which provide groundwater <br /> recharge, or development which diminishes the land or water which <br /> are necessary to carry increased flows of stormwater following <br /> periods of heavy precipitation. <br /> ., 2362161/WZ02.WP/ABM 18 <br />