ORD 08-019 - Laserfiche WebLink

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6ection 5.Area Affected by Moratorium': The area to be studied is shown on attached Exhibit A, and is bordered by Highway 10 to the west, 165th Avenue to the south, 177th (extended) to the north, and Nixon Street(extended)to the east. Section 6. NV a i v o r o'f! Restrictions; In cases of undue'' hardship,any;person having a legal,or oqu-itable interest in land within the area affected by the moratorium who is aggrieved by the requirements of this ordinance,;may,'apply to the City Council for a waiver of all or a portion of the applicable restrictions. A waiver may be granted where the City Council' finds undue hardship, as defined in Minnesota Statues Section 462.357 caused by the restrictions,and finds that the waiver will.not unduly affect' the integrity of the planning, process or the purposes for which the moratoriums ordinance is enacted. Applications for waivers shall' be filed on a form provided by the planning manager. The planning manager shall' prepare a report and recommendation on all requests for a waiver and shall; forward the request and report to the Planning Commission; which shall conduct public hearing on the request. Not less than ten(10)days before the public hearing, the planning manager shall mail notice of the time,place, and purpose of the hearing to property owners within three' hundred and fifty(350)feet of the subject property. Failure to give mailed notice to individual property owners,or defects in the notice,shall not invalidate the proceedings provided ai bona"fide attempt to comply; with this subdivision has been made!. Following the public hearing, the Planning', Commission shall forward its recommendation on the report' to the City Council for final action. The City Council may impose such conditions and require'. such guarantees related to the grant of waiver as it deems reasonable and necessary to protect the public interest and to ensure compliance with the standards and purposes of the! zoning ordinance and the policies of the comprehensive plan. Section.7, Term: This ordi- nance shall be effective uponr adoption and shall terminate' six months thereafter,unless: Passed and adopted by the earlier terminated by action of City Council of the City of Elk the City Council, It is the River this 1st day of December, intent of the City Council that 2005. this ordinance shall be in effect Stephanie 1Klinzing only until the City has Mayor; completed the study and adopts ATTEST: such ordinance amendments as Tina Allard, It deems necessary. City Clerk (JAl4)