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10/14/2015 P&Z Packet
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10/14/2015 P&Z Packet
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10/14/2015
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alterations or additions to existing structures in the floodplain. The Zoning Administrator <br />must also maintain a record of the elevations to which structures and alterations or <br />additions to structures are floodproofed. <br />(1) Notification for watercourse alterations. Before authorizing any alteration or <br />relocation of a river or stream, the Zoning Administrator must notify adjacent <br />communities. If the applicant has applied for a permit to work in public waters pursuant <br />to the Minnesota Statues, Section 103G.245, this will suffice as adequate notice. A copy <br />of the notification must also be submitted to the Chicago Regional Office of the Federal <br />Emergency Management Agency (FEMA). <br />(g)Notification to FEMA when physical changes increase or decrease base flood <br />elevations. As soon as practicable, but not later than six months after the date such <br />supporting information becomes available, the Zoning Administrator must notify the <br />Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant <br />technical or scientific data. <br />(3) Variances. An application for a variance to the provisions of this chapter will be <br />processed and reviewed in accordance with applicable state statutes and Chapter 1007, <br />Zoning <br />(a) Adherence to state flood <br />plain management standards. A variance must not <br />allow a use that is not allowed in that district, permit a lower degree of flood protection <br />than the regulatory _ flood protection elevation for the particular area, or permit standards <br />lower than those required by state law. <br />(b) Additional variance criteria. The following additional variance criteria of the <br />Federal Emergency Management Agency must be satisfied: <br />1. Variances must not be issued by a community within any designated regulatorX <br />floodway if any increase in flood levels during the base flood discharge would result. <br />2. Variances may only be issued by a community Lapon (i) a showing of good and <br />sufficient cause, (ii) a determination that failure to grant the variance would result in <br />exceptional hardship to the applicant, and (iii) a determination that the granting of a <br />variance will not result in increased flood heights, additional threats to public safetL <br />extraordinary public expense, create nuisances, cause fraud on or victimization of the <br />public, or conflict with existing local laws or ordinances. <br />3. Variances may only be issued upon a determination that the variance is the <br />minimum necessary, considering the flood hazard, to afford relief. <br />(c) Flood insurance notice. The Zoning Administrator must notify the applicant <br />for a variance that: 1) The issuance of a variance to construct a structure below the base <br />flood level will result in increased premium rates for flood insurance up to amounts as <br />high as $25 for $100 of insurance coverage; and 2) Such construction below the base or <br />regional flood level increases risks to life and property. Such notification must be <br />maintained with a record of all variance actions. <br />(d) Factors used in decision making. In passing upon conditional use applications, <br />33 of 39 <br />
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