12/01/2008 Council Packet - Laserfiche WebLink

Home Search

• Subd. 3. Variances. A. Variances may only be granted in accordance with Minnesota Statues, Chapter 462, as applicable. A variance may not circumvent the general purposes and intent of this ordinance. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the zoning Administrator must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year- round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties. B. The City Council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business in Section 5, Subd. 7 of the City Zoning Ordinance. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in 1102.04, Subd. 4B shall also include the City Council's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. C. For existing developments, the applications for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system. Subd. 4. Notification to the Department of Natural Resources A. Copies of all notices of any public hearings to consider variances, amendments, or conditional uses in the Shoreland Overlay District must be sent to the Commissioner of the Department of Natural Resources or the Commissioner's designated representative and postmarked at least ten (10) days before the hearings. Notices of hearing to consider proposed subdivision /plats must include copies of the subdivision /plat. B. A copy of approved amendments and subdivisions /plats, and final decisions granting variances or conditional uses in the Flood Plain or Shoreland Management Districts must be sent to the Commissioner or the Commissioner's designated representative and postmarked within ten (10) days of final action.