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10-03-07-JOINT PC/CC
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10-03-07-JOINT PC/CC
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9/27/2007 9:02:32 AM
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B. Uses Without Water -Oriented Needs: Uses and surface parking without water -oriented needs shall be located <br />on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, <br />must be set back double the normal ordinary high water level setback and shall be screened by fifty percent <br />(50%) opaque or more screen from view from the water by vegetation or topography, assuming summer, leaf - <br />on conditions. (Ord. 1156, 12-12-94) <br />1016.19: NOTIFICATIONS TO THE DEPARTMENT OF NATURAL RESOURCES: <br />A. Notice of Public Hearings: Copies of all notices of any public hearings to consider variances, ordinance <br />amendments, PUDs, or conditional uses affecting a MnDNR designated shoreland district shall be sent to the <br />MnDNR, Division of Waters Regional Hydrologist and postmarked at least ten (10) days before the hearings. <br />Notices of hearings to consider proposed subdivisions/plats shall include copies of the subdivision/plat. <br />B. Notice of Approval: A copy of approved amendments and subdivisions/plats, and final decisions granting <br />variances, PVDs or conditional uses in a MnDNR designated shoreland district shall be sent to the MnDNR, <br />Division of Waters Regional Hydrologist and postmarked within ten (10) days of final action. (Ord. 1156, 12- <br />12-94) <br />1016.20: VARIANCES: <br />A. Procedure: Variances in these overlay districts may only be granted in accordance with Minnesota Statutes, <br />chapter 462. A variance shall not circumvent the general purposes and intent of this Chapter. No variance shall <br />be granted for a use that is prohibited within the zoning district in which the subject property is located. <br />Conditions may be imposed by the City Council when granting of a variance to ensure compliance and to <br />protect adjacent properties and the public interest. <br />B. Notice of Approval: When a variance is approved in a MnDNR designated shoreland district by the City <br />Council after the Department of Natural Resources has formally recommended denial in the hearing record, <br />the notification of the approved variance required in subsection 1016.1913 shall also include the Board of <br />Adjustment's summary of the public record/testimony, the findings of facts, and conclusions which supported <br />the issuance of the variance. (Ord. 1156, 12-12-94) <br />1016.21: CONDITIONAL USES: <br />Conditional uses allowable within shoreland areas shall be subject to the review and approval procedures of this <br />Code. The following additional evaluation criteria and conditions apply within shoreland areas: <br />A. Evaluation Criteria: A thorough evaluation of the waterbody and the topographic, vegetation, and soil <br />conditions on the site shall be made to ensure: <br />1. The prevention of soil erosion or other possible pollution of public waters, both during and after <br />construction; <br />2. The visibility of structures and other facilities as viewed from public waters is limited; <br />3. The types, uses, and numbers of watercraft that the project will generate can be safely accommodated on the <br />site; <br />4. The impact the proposed use may have on the water quality of the water body is not excessive. <br />B. Conditions Attached to Conditional Use Permits: The City Council, upon consideration of the criteria listed <br />above and the purposes of this Chapter may attach such conditions to the issuance of the conditional use <br />permits as it deems necessary. Such conditions may include, but are not limited to, the following: <br />1. Increased setbacks from the ordinary high water level; <br />2. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be <br />planted; and <br />3. Special provisions for the location, design, and use of structures, watercraft launching and docking areas, <br />and vehicle parking areas. (Ord. 1156, 12-12-94) <br />
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