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Ordinance 201 1-458 Variances <br />Page of 3 <br />(5) Hazard Consideration., The variance, if granted, shall :not permit a lower degree of <br />flood protection than required by this chapter. The variance shall be determined the <br />minimum necessary, considering the flood hazard, to afford relief, and the variance shall <br />not be issued within any designated regulatory floodway if any increase in flood levels <br />during the base flood discharge would result. <br />(6) Septic and Well Compliance. The sewage treatment system and water system of the <br />subject property is in compliance with city and state codes. <br />(f) Earth -sheltered construction. Variances shall be granted to earth -sheltered construction as <br />defined in Minn. Stats. § 216C.06, subd. 14, when in harmony with this chapter. <br />(g) Septic system standards. Prior to issuance of any variance to a lot or parcel containing a <br />septic system not in compliance with chapter 38, article II, the septic system shall be upgraded to <br />meet established standards. This requirement shall not apply to a sewage treatment system if its <br />only deficiency is improper setback from the ordinary high-water level. <br />(h) Conditions to ensure compliance. Conditions may be imposed on the granting of <br />variances to ensure compliance and protect adjacent property. <br />(i) Records to be maintained. The community development director or designee shall <br />maintain a record of variance actions, whether a variance is granted or denied, and including <br />justification for any variances issued. The community development director or designee shall, <br />within ten days of city council approval of any variance, provide one copy of the completed <br />permit to the applicant, the city clerk and, for permits issued in the floodplain district or <br />shoreland district, to the commissioner of the department of natural resources. <br />Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of <br />this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance <br />not specifically included with that judgment. <br />Section 3. Effective Date. This amendment shall take effect upon its passage and publication. <br />ADOPTED BY THE HUGO CITY COUNCIL ONyC�V b4,11 _3 92011 <br />ATTEST: <br />Michele Lindau, City Clerk <br />i <br />4"r'aW iron, Mayor <br />3 <br />