Laserfiche WebLink
Chapter 910: Shoreland Overlay District Conditional Uses and Variances <br />Page 910-8 <br />910.060. CONDITIONAL USES: <br />Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures, <br />and criteria and conditions for review of conditional uses established in Section 921 of this Ordinance. <br />The following additional evaluation criteria and conditions apply within shoreland areas: <br />A. Evaluation Criteria. <br /> A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on <br />the site must be made to ensure: <br />1. The prevention of soil erosion or other possible pollution of public waters, both during <br />and after construction; <br />2. The visibility of structures and other facilities as viewed from public waters is limited; <br />3. The site is adequate for water supply and on-site sewage treatment; and <br />4. The types, uses, and numbers of watercraft that the project will generate are compatible <br />in relation to the suitability of public waters to safely accommodate these watercraft. <br />B. Conditions Attached to Conditional Use Permits: <br /> The City Council, upon consideration of the criteria listed above and the purposes of this <br />Ordinance, shall attach such conditions to the issuance of the conditional use permits as it deems <br />necessary to fulfill the purposes of this Ordinance. Such conditions may include, but are not <br />limited to, the following: <br />1. Increased setbacks from the ordinary high water level; <br />2. Limitations on the natural vegetation to be removed or the requirement that additional <br />vegetation be planted; and <br />3. Special provisions for the location, design, and use of structures, sewage treatment <br />systems, watercraft launching and docking areas, and vehicle parking areas. <br />910.070. VARIANCES <br />A. Variances may only be granted in accordance with Minnesota Statutes, Chapter 462, as <br />applicable. A variance may not circumvent the general purposes and intent of this Ordinance. <br />No variance may be granted that would allow any use that is prohibited in the zoning district in <br />which the subject property is located. Conditions may be imposed in the granting of a variance to <br />ensure compliance and to protect adjacent properties and the public interest. In considering a <br />variance request, the City Council must also consider whether the property owner has reasonable <br />use of the land without the variance, whether the property is used seasonally or year-round, <br />whether the variance is being requested solely on the basis of economic considerations, and the <br />characteristics of development on adjacent properties. <br />B. The City Council shall hear and decide requests for variances in accordance with the rules that it <br />has adopted for the conduct of business. When a variance is approved after the Department of <br />Natural Resources has formally recommended denial in the hearing record, the notification of the <br />approved variance required in Section 910.090 shall also include the City Council's summary of <br />the public record/testimony and the findings of facts and conclusions which supported the <br />issuance of the variance.