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arrangement or construction at variance with that authorized by permit shall be deemed a violation of this <br />chapter and shall be punishable as provided in § 1102.02(3) of this chapter. <br /> (3) Variances. <br /> (a) Variances may only be granted in accordance with M.S. Ch. 462, as it may be amended from time <br />to time, as applicable. A variance may not circumvent the general purposes and intent of this chapter. No <br />variance may be granted that would allow any use that is prohibited in the zoning district in which the <br />subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance <br />and to protect adjacent properties and the public interest. In considering a variance request, the Zoning <br />Administrator must also consider whether the property owner has reasonable use of the land without the <br />variance, whether the property is used seasonally or year-round, whether the variance is being requested <br />solely on the basis of economic considerations, and the characteristics of development on adjacent <br />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 of the City Zoning Chapter. When a variance is approved after the <br />Department of Natural Resources has formally recommended denial in the hearing record, the notification <br />of the approved variance required in division (4)(b) shall also include the City Council's summary of the <br />public record/testimony and the findings of facts and conclusions which supported the issuance of the <br />variance. <br /> (c) For existing developments, the applications for variance must clearly demonstrate whether a <br />conforming sewage treatment system is present for the intended use of the property. The variance, if issued, <br />must require reconstruction of a nonconforming sewage treatment system. <br /> (4) Notification to the Department of Natural Resources. <br /> (a) Copies of all notices of any public hearings to consider variances, zoning amendments or <br />conditional uses in the Shoreland Overlay District must be sent to the Commissioner of the Department of <br />Natural Resources or the Commissioner's designated representative and postmarked at least ten days before <br />the hearings. Notices of hearing to consider proposed subdivision/plats must include copies of the <br />subdivision/plat. <br /> (b) A copy of approved amendments and subdivisions/plats and final decisions granting variances or <br />conditional uses in the Flood Plain or Shoreland Management Districts must be sent to the Commissioner <br />or the Commissioner's designated representative and postmarked within ten days of final action. <br />(Ord. 04-95, passed 4-10-1995) <br />§ 1102.05 SHORELAND OVERLAY DISTRICT. <br /> (1) Establishment of Shoreland Overlay District. The public waters of the city have been classified <br />consistent with the criteria found in Minnesota Regulations, Part 6120.3300. The Shoreland Overlay <br />District for the waterbodies listed below is that land within 1,000 feet of the ordinary high water level of the <br />lakes and 300 feet from a river or stream as shown on the official zoning map. <br /> (a) Natural environment lakes. <br /> <br />Natural Environment Lakes Protected Water <br />Inventory I.D. # <br />Ordinary High Water <br />Level (OHWL) <br />Unnamed 2-1 <br />Peltier Lake 2-4 884.7