2026.07.06 ORD 2026-549 Replace Zoning and Land Use Ordinance

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Created: 2025-05-22 16:40:51 [EST] (Supp. No. 36) Page 42 of 198 (5) The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (6) The sewage treatment system and water system of the subject property is in compliance with city and state codes. (d) A recommendation to deny a request for a variance must be made upon finding that the request does not meet one or more of the following: (1) Because of the particular physical surrounding, shape, or topographic conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. (2) The conditions upon which the petition for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property with the same zoning classification. (3) The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land. (4) The alleged difficulty or hardship is caused by the provisions of this chapter and has not been created by any persons presently or formerly having an interest in the parcel of land. (5) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity in which the parcel of land is located. (6) The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. (7) Adherence to the regulations of this chapter would create an undue hardship because of inadequate access to direct sunlight for solar energy systems. (e) The temporary use of a one-family dwelling as a two-family dwelling may be permitted as a variance. (f) Variances shall be granted to allow earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 14, when in harmony with this chapter. (g) Prior to issuance of any variance to a lot or parcel containing a septic system not in compliance with Chapter 4 of the Washington County Development Code, the septic system shall be upgraded to meet established standards. This requirement shall not apply to a sewage treatment system if its only deficiency is improper setback from the ordinary high-water level. (h) Conditions may be imposed on the granting of variances to ensure compliance and protect adjacent property. (i) The community development director or designee shall maintain a record of variance actions, whether a variance is granted or denied, and including justification for any variances issued. The community development director or designee shall, within ten days of city council approval of any variance, provide one copy of the completed permit to the applicant, the city clerk and, for permits issued in the floodplain district or shoreland district, to the commissioner of the department of natural resources. (Prior Code, § 1015-090.1, § 90-38; Ord. No. 2009-434, § 1, 10-5-2009; Ord. No. 2011-458, § 1, 10-3-2011)