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<br /> <br /> ~ °ry w <br /> <br /> <br /> <br /> (E) 'Concrete curb and gutter ahall be <br /> re4uired. <br /> (F) Where on-site sanitary sewer fa- ~ <br /> , cilities are proposed to be utilizerl, soi] <br /> percola•tion tests ahall be made with the . <br /> results presented to the Village Engi- , <br /> neer. The Engineer shall then present a renort thereon to the Village Council, <br /> which may prohibit the use o€ individual <br /> • sewer systems, require larger lot sizes, <br /> or otherwise act to protect the public - health and welfare. <br /> Section 12. Building Permit. - <br /> No building permit shall be issued for ' <br /> , the construction of any building, struc- <br /> ture or improve,.nent on any land re- <br /> ~ 4uired to be subdivided bY this osdinance <br /> nntil all requirements of this ordinance <br /> have been fuAy complied with. <br /> Section 13. Variances. <br /> . , i(A) Generally. The Village 'Conncil may grant a variance.from these regu]a- <br /> tions following a finding that all of the - <br /> fiollowing conditions exist: . <br /> ' 1. There are special circumstances or conditions affecting said property such <br /> khat the strict application of the pro- <br /> visions of this Ordinance would deprive <br /> the aFrplicantof the reasonable use of <br /> his land. <br /> 2. '7.'he variance is necessary for the <br /> - preservation and enjoyment of a sub-- - ' <br /> stantial property right of the appli- <br /> cant. <br /> . , 3. The gramting af .the variance will . <br /> not be ~detnimental to the public welfare - <br /> , or injurious to other property in the A- - <br /> territory in which said property is situ- - <br /> ated. <br /> In making this finding the Council <br /> shall consider the nature af the proposed u-se of land and the existing use of land - - <br /> in the vic'anity, the number of persons to <br /> reside or work in the proposed subdi- <br /> vision and the probable effer,t of the pro- <br /> - posed subdivision upon traEfic conditions in the vicinity. In granting a variance _ <br /> as herein provided the 'Council shall <br /> prescribe only such conditions that it . " <br /> deems desirable or necessary to the <br /> ' public interest. <br /> ' . _ I(g) 'The 'Council may also grant vari- <br /> ances from the provisions of this or- <br /> dinance in the case of a"planned unit <br /> development," provided the Council, upon <br /> review and recommendations from the . Planning Committee, shall find that the <br /> proposed development is fully consistent <br /> - with the purpose and intent of thie - <br /> - - Ordinance. A "planned unit development" _ <br /> , . shall be considered any development , - which eonsists of. two or mare principal <br /> structures or uses on a single lot or . <br /> - - parcel of land for which a complete, detailed plan has Ibeen submitked showing <br /> all pronosed ~structures, uses, traffic- <br /> ways, sidewallis, landscaping, off-s~treet <br /> parking, and other features and facilities. <br /> The piarpose of the "planned unit develop- - <br /> ment" provisions is ta relate subdivision - <br /> regulations to similar pxovisions in the , zoning ordinance and to provide flexi- - <br /> bility for new development and design <br /> trends. - - <br /> (C) Applications Required. Appliea- - <br /> - tion for any such variance shall be in - <br /> writing by the subdivider at the time . <br /> when the preliminary plat is filed for ° . <br /> the consideration of the Village Coun- <br /> . cil, stat:ng fully and clearly all facts - <br /> relied upon by the petitioner, and shall - <br /> . be swpplemented with maps, plans or - , <br /> other additional data which may aid the <br /> Village iCouncil in the analysis of the <br /> Droposed project. The plans for such . <br /> . development shall include such covenants, - <br /> , restrictions or other le.gal provisions ne- ' . cessary to guarantee the full achieve- ment of the pla.n. Section 14. Copies of Plats. iCopies of all of such plats of sub- . divisiona, after the same have been sub, <br /> mitted and approved as grovided in this - ordinance, shall be filed and kzpt by , <br /> the Village Clerk amon,q the recards of <br /> the Village of Arden Hi11s. <br /> , Section 15. Validity. <br /> If any section, subsection, sentence, <br /> clause or phrase of this ordinance is for any reason held to be invalid, such de- ~ cision shall not affech , the validitY of , . <br /> the remaining portions of this ordinance. <br /> Section 16. Penalty For Violation. <br /> A violation of the provisions of bhis <br /> - ordinanee shall wnstitute a xnisdemeanor <br /> and shall be punishable by a fine of up ` - to $100.00 or imprisonment up to a term , nat to exceed 90 days. Section 17. Effective Date. 'This ordinance shall be in full force - and effect from and after its passage <br /> and publication in the official Village - <br /> . newspaper. _ <br /> Adopted by the ViIlage Council of the <br /> Village of Arden Hills this 27th day of <br /> March, 49'67. <br /> Robert E. Nethercut, Mayor <br /> Attest: <br /> I,orraine E. Stromquist <br /> iAdministrative Clerk <br /> New Brighton Bulletin April 6, 1967 <br />