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o <br /> <br />6 o <br /> <br />iii. The commissioner shall either certify his approval <br />or deny the proposed action within 30 days of the <br />hearing action. <br /> <br />Amendments. <br /> <br />A. Requests for amendments of this ordinance may be <br />initiated by a petition of affected property owners, the <br />planning commission, or by action of the City of Elk River. <br />An amendment not initiated by the planning commission shall <br />be referred to the planning commission for study and report <br />prior to action by the City of Elk River. <br /> <br />B. An application for an amendment shall be filed with the <br />Building and Zoning Administrator. <br /> <br />C. Upon receipt in proper form of the application and <br />other requested materials, a public hearing shall be <br />conducted in the manner prescribed by Minnesota Statutes. <br />Following the public hearing, the City of Elk River may adopt <br />the amendment in the manner prescribed by Minnesota Statutes. <br /> <br />D. Certification from the commissioner must be obtained as <br />specified in Sections 906.04 (3) and (4) of this ordinance <br />before the proposed amendment or rezoning becomes effective. <br /> <br />Variances. <br /> <br />A. Variances may be considered for deviations from the <br />strict application of the standards set forth in this <br />ordinance. Variances may only be granted in accordance with <br />Minnesota Statutes, Chapter 462 and if the following <br />conditions are present: <br /> <br />i. The strict enforcement of the land use controls <br />will result in unnecessary hardship. <br /> <br />ii. Granting of the variance is not contrary to the <br />purpose and intent of this ordinance and is consistent <br />with Minnesota Rules, parts 6105.0800 - 6105.0960. <br /> <br />iii. There are exceptional circumstances unique to the <br />subject property which were not created by the <br />landowner. <br /> <br />iv. Granting of the variance will not allow any use <br />that is neither a permitted or conditional use in the <br />land use district in which the subject property is <br />located. <br /> <br />v. Granting of the variance will not alter the <br />essential character of the locality. <br /> <br /> <br />