08-08-2022 City Council Packet - Laserfiche WebLink

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FINDINGS OF FACT No variance shall be granted unless it meets all the criteria in paragraphs 1. through 7. below. The City shall make findings regarding compliance with these criteria. 1. The variance shall be in harmony with the general purposes and intent of the ordinance. The following are the general purposes and intent of the City ordinances: • City Code Section 1007.041 Non -Conforming Uses and Structures: (1) Purpose. It is the purpose of this section to provide for the regulation of non- conforming buildings, structures and uses and to specify those requirements, circumstances, and conditions under which non -conforming buildings, structures and uses will be operated and maintained. The Zoning Ordinance establishes separate districts, each of which is an appropriate area for the location of uses which are permitted in that district. It is necessary and consistent with the establishment of these districts that non -conforming buildings, structures and uses not be permitted to continue without restriction. Furthermore, it is the intent of this section that all non -conforming uses shall be eventually brought into conformity. • City Code Section 1007.080 R, Rural District: (1) Purpose. This district is designed and intended to aid in guiding development toward fulfillment of the Comprehensive Plan and to serve the following functions: (b) To help guide development of urban and rural areas along an orderly design to preserve continuity and efficiency of service. • Chapter 1102: Shoreland Management Overlay: (2) Policies. The uncontrolled use of shorelands of the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. The responsibility for the management of shoreland areas is hereby recognized by the city. The variance to waive the requirement to combine the two (2) nonconforming lots is in harmony with the general purposes and intent of the ordinances. 6966 Lake Drive is 4.00 acres and 6970 Lake Drive is 3.75 acres. Both lots are larger and more conforming in Pj