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5.11 PCSR 05-23-1995
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5.11 PCSR 05-23-1995
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deliver a Letter of Credit, all as heretofore described, or <br /> 111/ (iii) as to any improvements, if the City Council determines <br /> that the City must borrow money to pay its costs of <br /> construction under such Agreement and such borrowing is <br /> inadvisable, or (iv) the City Council, after review of <br /> financial and other information required of the Developer, <br /> determines, in its sole discretion, that there is an <br /> unacceptable level of risk that assessments for improvements <br /> will not be timely paid. <br /> 1008.24 - VARIANCES <br /> All requests for variances from the provisions of this Ordinance <br /> shall be made and decided in the following manner: <br /> 1 . Thc oubdividcr ohall file a request in writing for a <br /> variancc with thc City Clerk, together with thc required fcc. Thc <br /> written rcqucot ohall bc accompanied by information as to all <br /> changes that will rcoult from thc variancc thcrcin rcqucotcd. <br /> 2 . The City Clerk shall rcfcr thc variancc rcqucot to thc <br /> Planning Commission for public hearing held in thc oamc manner <br /> as provided in Section 1008 .08 (1) (B) (iii) ; said hearings may bc <br /> held simultaneously. Thc Planning Commission shall submit its <br /> III rcport and recommendation to the City Council . Said report shall <br /> specifically consider the finding act forth in Ccction 1008 .24 of <br /> this Ordinance. <br /> 3 . Thc City Council at ito next regular mccting after receipt <br /> of such rcport and recommendation shall make its decision at the <br /> same or a specified future meeting thereof. <br /> 1 .4, The City Council may grant a variance along with <br /> preliminary plat approval only upon finding that an unusual <br /> hardship on the land exists, and specifically that : <br /> A. The hardship is not a mere inconvenience. <br /> B. The hardship is caused by the particular physical <br /> surroundings, shape or topographical conditions of the land. <br /> C. The condition or conditions upon which the request for <br /> a variance is based are unique and not generally applicable <br /> to other property. <br /> D. The hardship is caused by this Ordinance and not by any <br /> persons presently having an interest in the land. <br /> 41/ <br /> 10.4946 <br />
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