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Updated January 2025 – Gem Lake Consolidated Land Use Ordinance No. 131 144 8. Election of City Hall to Install Improvements. 1. In accordance with the policy of the City of Gem Lake, it is the subdivider’s responsibility to install all required improvements except that the City reserves the right to elect to install all or any part of the improvements required under the provisions of this Ordinance in lieu of requiring the subdivider to install such improvements. 9. Railroad Crossings. 1. No street dedications will be accepted that require a crossing of a railroad right-of-way unless sufficient land, as determined by the City Council, is dedicated to insure a safe view. 13. Variances from This Section. 1. The City Council may grant a variance in any particular case where the applicant can show that by reason of exceptional topography or other physical conditions the strict compliance to this section could cause an exceptional and undue hardship on the enjoyment of substantial property right. Such relief may be granted provided there is no detriment to the public welfare and no impairment of intended purpose of this section. 2. An application for any such Variance shall be made on an official application form available from the Zoning Administrator and shall be submitted at the same time as the Preliminary Plan is filed for consideration. Such application shall be accompanied by the required fee(s). Such ap plication shall state fully all facts relied upon by the applicant and shall be supplemented with maps, plans or additional data that will aid the City in the analysis of the proposed project. 3. Upon receiving such application, the Zoning Administrator shall refer the application, along with all related information, to the Planning Commission for consideration at a duly convened public hearing, a report and recommendation to be sent to the City Council. 4. The applicant or a representative of the applicant shall appear before the Planning Commission at its next regular meeting in order to answer questions concerning the proposed Variance. 5. The Planning Commission shall have the authority to request additional information from the applicant concerning the Variance or to retain expert testimony with the consent and at the expense of the applicant concerning said Variance, where said information is declared necessary to insure preservation or health, safety and general welfare. 6. The Planning Commission shall make a finding of fact and recommend to the City Council in writing such actions or conditions relating to the request as it may deem necessary to carry out the intent and the purpose of this section and shall do so in a timely manner that allows the City Council to take action within the time limits established by law. 7. If the report of the Planning Commission has not been received so as to provide for compliance with time limits established by law, the City Council may act without such a report. 8. Upon receiving the report and recommendation of the Planning Commission, the City Council shall place the matter on the agenda for the next regular meeting. The Council shall within the time limits established by law make a written finding of fact and impose any conditions it considers necessary to protect the public health, safety and welfare. A Variance to this Ordinance shall require a four/fifths (4/5ths) vote of the full City Council. The Zoning Administrator shall promptly notify the applicant of the Council’s decision in writing. 14. Violations and Penalty. 1. Sale of Lots from Unrecorded Plats. 1. It shall be unlawful to sell, trade, or otherwise convey any lot or parcel of land as a part of, or in conformity with any plan, plat or replat of any subdivision or area located with the jurisdiction of this Ordinance unless said plan, plat or replat shall have first been recorded in the Office of the Recorder of Ramsey County. 2. Misrepresentation as to Construction, Supervision or Inspection of Improvements.