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1998-01-06 P & Z Packet
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1998-01-06 P & Z Packet
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<br />for a permit shaH be made to the Zoning Administrator on forms provided. The application <br />shall include the necessary information so that the Zoning Administrator can determine the <br />site's suitability for the intended use and that a compliant sewage treatment system will be <br />provided. <br /> <br />B. A building permit authorizing an addition to an existing structure shall stipulate that <br />an identified nonconforming sewage treatment system, as defmed in Section 1102.11, shall <br />be reconstructed or replaced in accordance with the provisions of this ordinance. <br /> <br />Subd. 2. Certificate of Zoning Compliance.. The Zoning Administrator shall issue a <br />certifieate of zoning compliance for each activity requiring a permit as specified in 1102.04, <br />Subd. 1 of this ordinance. This certificate will specify that the use of land conforms to the <br />requirements of this ordinance. Any use, arrangement, or construction at variance with that <br />authorized by permit shall be deemed a violation of this ordinance and shall be punishable as <br />provided in 1102.02, Subd. 3 of this ordinance. <br /> <br />Subd. 3. Variances. <br /> <br />A. Variances may only be granted in accordance with Minnesota Statues, Chapter 462, <br />as applicable. A variance may not circumvent the general purposes and intent of this <br />ordinance. No variance may be granted that would allow any use that is prohibited in the <br />zoning district in which the subject property is located. Conditions may be imposed in the <br />granting of a variance to ensure compliance and to protect adjacent properties and the public <br />interest. In considering a variance request, the zoning Administrator must also consider <br />whether the property owner has reasonable use of the land without the variance, whether the <br />property is used seasonally or year-round, whether the variance is being requested solely on <br />the basis of economic considerations, and the characteristics of development on adjacent <br />properties. <br /> <br />B. The City Council shall hear and decide requests for variances in accordance with the <br />rules that it has adopted for the conduct of business in Section 5, Subd. 7 of the City Zoning <br />Ordinance. When a variance is approved after the Department of Natural Resources has <br />formally recommended denial in the hearing record, the notification of the approved variance <br />required in 1102.04, Subd. 4B shall also include the City Council's summary of the public <br />recordltestimony and the findings of facts and conclusions which supported the issuance of <br />the variance. <br /> <br />C. For existing developments, the applications for variance must clearly demonstrate <br />whether a conforming sewage treatment system is present for the intended use of the <br />property. The variance, if issued, must require reconstruction of a nonconforming sewage <br />treatment system. <br /> <br />Subd. 4. Notification to the Department of Natural Resources <br /> <br />A. Copies of all notices of any public hearings to consider variances, amendments, or <br />conditional uses in the Shoreland Overlay District must be sent to the Commissioner of the <br />Department of Natural Resources or the Commissioner's designated representative and <br />postmarked at least ten (10) days before the hearings. Notices of hearing to consider <br />proposed subdivision/plats must include copies of the subdivision/plat. <br /> <br />Page 7 <br />
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