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5. The proposed subdivision is fully consistent with the purpose and intent of the <br />City's subdivision regulations; <br />6. The approval of the subdivision by the Council will not be a detriment to the <br />public welfare and will not impair the intent and purpose of the subdivision <br />regulations; <br />7. The Council's failure to approve the subdivision would impair the City's ability to <br />comply with existing provisions of other laws; <br />8. The Property is part of a proposed plat and planned unit development that is <br />presently subject to the City's development review process; <br />9. The approval is consistent with the exceptions set forth in Minnesota Statutes <br />Section 462.358, Subd. 4b(b) and (c), and Subd. 6, and City Code Section <br />1205.02; <br />10. Based upon the exceptional topography and other physical conditions of the <br />Property in that the Property is severed by State Highway No. 10 into two distinct <br />parcels, the strict compliance with the City's subdivision regulations could cause an <br />exceptional and undue hardship on the substantial enjoyment of a property right, <br />and such relief may be granted without detriment to the public welfare and without <br />impairing the intent and purpose of the City's subdivision regulations; <br />11. Compliance with the above-referenced statutory restrictions will create an <br />unnecessary hardship; failure to comply with such restrictions does not interfere <br />with the purpose of the City's subdivision regulations. <br />Respectfully submitted, <br /> <br />Aaron Backman <br />Economic Development Coordinator <br />• <br />S1R-269118v1 <br />MU205-30 <br />D-4 <br />