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7/21/2017 Chapter 13 - Zoning Code <br />http://library.amlegal.com/alpscripts/get-content.aspx 14/17 <br />Section. Violations of such conditions and safeguards, when made a part of the terms under which the <br />variance or conditional use permit is granted, shall be punishable as described in Section 1335.36. A copy <br />of all decisions granting variances or conditional use permits shall be forwarded by mail to the Commission <br />of Natural Resources within ten (10) days of the action. <br /> Subd. 7 Appeals. Appeals from any decision of the Board may be made, as specified in the City's <br />Official Controls and also Minnesota Statutes. <br /> Subd. 8 Flood Insurance Notice. The City Administrator shall notify the applicant for a variance that: <br /> A. The issuance of a variance to construct a structure below the base flood level will result in <br />increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance <br />coverage; and <br /> B. Such construction below the 100-year or regional flood level increases risks to life and property. <br />The notification shall be maintained with a record of all variance actions. A community shall maintain a <br />record of all variance actions, including justification for their issuance, and report such variances issued in <br />its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. <br /> Subd. 9 Procedures to be Followed by the City Council in Passing on Conditional Use Permit <br />Applications within all Flood Plain Districts: <br /> A. The applicant shall furnish the following information and additional information as deemed <br />necessary by the City Council for determining the suitability of the particular site for the proposed used: <br /> 1. Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the <br />lot, existing or proposed structures, fill, storage of materials, flood proofing measures, and the relationship <br />of the above to the location of the stream channel. <br /> 2. Specifications for building construction and materials, flood proofing, filling, dredging, grading, <br />channel improvement, storage of materials, water supply and sanitary facilities. <br /> B. Transmit one copy of the information described above to a designated engineer or other expert <br />person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to <br />flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for <br />protection, and other technical matters. <br /> C. Based upon the technical evaluation of the designated engineer or expert, the City Council shall <br />determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to <br />the flood hazard. <br /> Subd. 10 Factors upon Which the Decision of the City Council shall be based. In passing upon <br />conditional use applications, the City Council shall consider all relevant factors specified in this Section, <br />and: <br /> A. The danger to life and property due to increased flood heights or velocities caused by <br />encroachments. <br /> B. The danger that materials may be swept onto other lands or downstream to the injury of others or <br />they may block bridges, culverts or other hydraulic structures. <br /> C. The proposed water supply and sanitation systems and the ability of these systems to prevent <br />disease, contamination, and unsanitary conditions. <br /> D. The susceptibility of the proposed facilities and its contents to flood damage and the effect of the <br />damage on the individual owner. <br /> E. The importance of the services provided by the proposed facility to the community. <br /> F. The requirements of the facility for a waterfront location. <br />Dr <br />a <br />f <br />t <br /> <br />11 <br />/ <br />2 <br />0 <br />/ <br />2 <br />0 <br />1 <br />7