FINAL ORDINANCE NO. 08-023 - Laserfiche WebLink

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Ordinance Ou-023 I ouncil: iJ25/10 (5) Decisions. The Board of Adjustment shall arrive at a decision on such appeal or variance in accordance with the procedures prescribed in Section 154.017 of the City Code. In passing upon an appeal, the Board of Adjustment may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the Board of Adjustment may prescribe appropriate conditions and safeguards such as those specified in Section 152.10 (D, 6), which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance punishable under Section 152.12. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (6) Appeals. Appeals from any decision of the Board of Adjustment may be made, and as specified in Section 31.01 of the City Code and also by Minnesota Statutes. (7) Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 on insurance coverage and 2) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. (D) Conditional Uses. Applications for a Conditional Use Permit shall be submitted to the Zoning Administrator in accordance with the procedural requirements of Section 154.018 of the City Code. (1) Hearings. Upon filing with the City an application for a conditional use permit, the Zoning Administrator shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. (2) Decisions. The In granting a conditional use permit the City shall prescribe appropriate conditions and safeguards, in addition to those specified in Section 152.10 (D, 6), which are in conformity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this Ordinance punishable under Section 152.12. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (3) Procedures to be followed by the City in passing on Conditional Use Permit Applications Within all Flood Plain Districts. 19