1995.09.05 ORD 1995-305 - Laserfiche WebLink

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. . Subd . A. Variances to shoreland regulation shall be made only following a public hearing in accordance with Minnesota Statutes, Chapter 462. A variance may not circumvent the general purpose 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 Board of Zoning Adjustments shall consider 1 . Whether the property owner has reasonable use of the land without the variance. 2. Whether the property is used seasonally or year-round . 3. Whether the variance is being requested solely on the basis of economic considerations. 4. He development characteristics of adjacent property . Subd . B. 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 Section D below, shall also include the Board of Adjustment' s summary of the public record/testimony and the findings of fact and conclusions which support the issuance of the variance. Subd . C. For existing developments, the application 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 . D. The City Clerk shall provide notices of all public hearings to consider variances, amendments, or conditional uses under this ordinance to the Commissioner of the Minnesota Department of Natural Resources, or the Commissioner' s designated representative. Such notice shall be postmarked at least ten ( 10) days before the hearing . Notices of hearings to consider proposed subdivisions must include a copy of the proposed preliminary plat or other official description to be considered at the hearing . Subd . E . A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional use permits, shall be sent to the Commissioner or the Commissioner ' s designated representative, and postmarked within ten ( 10) days of final Council action . 320-47 SHORELAND CLASSIFICATION SYSTEM. Subd . A. The public waters of the City of Hugo, as listed below, have been classified consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Washington County , Minnesota. Lakes, rivers, and stream classifications are either Natural Environment (NE) , General Development (GD) , or Recreational Development (RD) . Subd . B. The shoreland area for the water bodies listed below in Subdivision C shall be as defined in Section 320-44, and as shown on the City ' s Official Zoning Map. Subd . C. Lake, River , and Stream Classifications for water bodies in the City of Hugo shall be as designated in Table I , "Municipal Shoreland Classification Data" . 7