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<br />e <br /> <br />1. The City Council may grant a variance from the strict <br />requirements of this Ordinance, but only upon finding that an <br />unusual hardship on the land exists, and specifically that: <br /> <br />A. The hardship is not a mere inconvenience. <br /> <br />B. The hardship is caused by the particular physical <br />surroundings, shape or topographical conditions of the land. <br /> <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 /> <br />D. The hardship is caused by this Ordinance and not by any <br />persons presently having an interest in the land. <br /> <br />E. The granting of a variance will not be substantially <br />detrimental to the public welfare or to other land or <br />improvements in the neighborhood of the land, and is in <br />accord with the general purpose and intent of this Ordinance. <br /> <br />2. Variance requests shall be reviewed by the Planning <br />Commission and acted on by the City Council as part of the <br />preliminary plat and final plat approvals. <br /> <br />e <br /> <br />1008.26 - RESTRICTIONS ON FILING AND RECORDING CONVEYANCES <br /> <br />1. No conveyance of land to which these subdivision regulations <br />are applicable shall be filed or recorded if the land is described <br />in the conveyance: <br /> <br />p... By metes and bounds. <br /> <br />B. By reference to an unapproved Registered Land Survey <br />made after April 21, 1961; or <br /> <br />C. By reference to an unapproved plat made after June 24, <br />1971, if the land is located in the Former Town of Elk River; <br />or <br /> <br />D. By reference to an unapproved plat made after December <br />7, 1970, if the land is located in the Former City of Elk <br />River. <br /> <br />2. Section 1008.26(1) shall not apply to a conveyance if the <br />land described: <br /> <br />e <br /> <br />A. Is located in the Former Town of Elk River and was a <br />separate parcel of record on June 24, 1971; or <br /> <br />10.48 <br />