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<br />Official Site of White Bear Lake Conservation District - Ordinance # 5
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<br />Page 6 of7
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<br />Section 7.01. Subdivision 1. Where practical difficulties or particular hardships occur, the Board, upon application
<br />being made to It by a person affected, may permit a permanent or temporary variance as designated from the
<br />requirements of this ordinance or may require a variance from what is otherwise permitted by this ordinance, pro~
<br />that such variance, with whatever conditions are deemed necessary by the board, does not adversely affect the
<br />purpose of this ordinance, the public health, safety, and welfare, and reasonable access to, or use of, the Lake by
<br />public or riparian owners.
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<br />Subd. 2. Applications for variances shall be In writing and shall be flied with the Secretary of the District. The
<br />application shall be on the form approved by the Board of Directors. it shall contain (1) name and address of the
<br />applicant, (2) description and location of the property for which the variance is sought, (3) the variance for which t
<br />application Is made, (4) the names and addresses of the owners of abutting sites, (5) if the application Is made une
<br />Part V the names and addresses of the owners of other affected sites, (6) a map or plat to scale of the site forwhic
<br />variance is sought, and of abutting or other affected sites, showing any existing docks, moorings or other structUl
<br />the proposed location or relocation of any such structures or the proposed location or relocation of any such
<br />structures, (7) the consent of the applicant permitting officers and agents of the District to enter upon the applican
<br />premises at reasonable times to investigate the application and to determine compliance with any variance which
<br />be granted, and (a) such other information, such as surveys and photographs, as the Secretary may require to ass
<br />the Board in consideration of the application.
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<br />Subd. 3. The variance application shall be accompanied by an application fee as may be determined from time to t
<br />by resolution of the Board. Such fee shall not be refunded at any time after the processing of the application has t
<br />commenced. An additional deposit in an amount established from time to time by resolution ofthe Board shall
<br />accompany the application to cover legal, surveying, engineering, inspection, maintenance, or other expenses
<br />incurred by the District. The Board shall approve all expenses charged against the deposit, and the unused portiol
<br />thereof shall be returned to the applicant. The application shall state that the applicant agrees to reimburse the Oil
<br />for any legal, surveying, engineering, inspection, maintenance of other expenses Incurred by the District in exceS!
<br />the amount of the deposit.
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<br />Subd.4. Upon receipt of a completed variance application the Secretary shall schedule a review by the Board on tl
<br />application. He/She shall notify the owners of abutting sites or any other affected site for which the applicant seek
<br />require a permit a variance.
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<br />Subd. 5. The Board may grant a variance from the literal provisions of this ordinance In Instances where their strh:
<br />enforcement would cause undue hardship because of circumstances unique to the Individual property or propertll
<br />under consideration, and shall grant such variances only when it is demonstrated that such actions will be In keel
<br />with the spi rlt and intent of th is ordinance. It may Impose conditions in the g ranting of variances to insu re complla
<br />and to protect other riparian owners and users of the Lake.
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<br />Subd. 6. The Board shall not require the owner of any site who is not the applicant to take any action at variance VI
<br />what is otherwise permitted by this ordinance without first giving him a reasonable opportunity to be heard thereo
<br />provided in Subd. 4 of this section. If the Board orders him to take the action proposed, or any part thereof, he sha
<br />afforded a reasonable length oftime within which to take such action. Any such order shall be in writing, shall be
<br />served upon him in the manner that civil process is served and shall specify the length oftlme within which he shi
<br />take the required action.
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<br />Subd.7. Locating, constructing, Installing or maintaining a dock, mooring or other structure in a manner different
<br />the terms and conditions of a variance which is ordered or permitted is a violation of this ordinance.
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<br />PART VIII
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<br />General Provisions
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<br />Section 8.01. Subdivision 1. The provisions of this ordinance shall not supersede any municipal ordinance, varian,
<br />from any ordinance, permit or regulation:
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<br />Subd. 1.a. more restrictive in its provisions and applications as to the location,
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<br />construction, installation and maintenance of docks, moorings and other structures:
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<br />Subd. 1.b. allowing variances that are more restrictive than this ordinance:
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<br />Subd. 1.c. establishing zoning provisions regulating land use adjacent to the Lake which are not in conflict with th
<br />ordinance or with the White Bear Lake Conservation District generalized purpose of avoiding pollution and
<br />uncontrolled excessive use of the Lake.
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<br />Subd. 2. Nothing in this ordinance is intended to authorize the use, rent, sale, lease or conveyance of dock space I
<br />mooring facilities in the Lake contrary to municipal zoning laws. Nothing in this ordinance is intended to confer uJ
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<br />http://www.wblcd.org/ord5.htm
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<br />4/28/2005
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