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An apphcation for waiver shall be filed on a form approved by the director of <br />planning. <br /> <br /> The director of planning shall prepare a report and recommendation and <br />shall forward the request to the Planning Commission who shall conduct a public <br />hearing on the request. Not less than ten (10) days before the pubhc hearing, the <br />director of planning shall mail notice of the time, place, and purpose of the hearing <br />to property owners within three hundred and fifty (350) feet of the subject property. <br />The failure to give mailed notice to individual property owners, or defects in the <br />notice, shall not invalidate the proceedings provided a bona fide attempt to comply <br />with this subdivision has been made. Following the public hearing, the Planning <br />Commission shall forward its recommendation to the City Council for final action. <br /> <br /> The City Council may impose such conditions and require such guarantees <br />related to the grant of waiver as it deems reasonable and necessary to protect the <br />public interest and to ensure compliance with the standards and purposes of this <br />zoning ordinance and policies of the comprehensive plan. <br /> <br /> Section 4. Term: This ordinance shall be effective upon publication as <br />provided by law and shall terminate 180 days thereafter unless earlier terminated <br />or extended by action of the City Council. It is the intent of the City Council that <br />this ordinance shall be in effect only until the City has completed re-writing its <br />townhome ordinance. <br /> <br />Passed and adopted by the City Council of the City of Elk River this ., 2001. <br /> <br />day of <br /> <br />Attest: <br /> <br />Stephanie Klinzing, Mayor <br /> <br />Sandra A. Peine, City Clerk <br /> <br />s:\document\ordinance\oa97-1.doc <br /> <br /> <br />