<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
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