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<br />· 18.065 Variances in Shoreland Areas <br /> <br />18.065.1 Variances in these overlay districts may only be grant,eel in accordance with Minnesota <br />Statutes Chapter 462. A variance shall not circumvent the general purposes and intent of the <br />Shoreland, Wetland) and Stonn Water Management chapter. No variance shal1 be grant¢,d for a <br />use that is prohibited within the zoning district in wlùch the subject property is located. <br />Conditions may be imposed by the City Council when granting of a variance to ensure compliance <br />and to protect adjacent properties and the public interest. <br /> <br />- 18.065.2 When a variance is approved in a MnDNR. designated shoreland district by the City <br />Council after the Decartment of Natural Resources hag formallv recommended denial in the <br />.... --. -.. ., -.. -. ,..-... --" - - - .. ,. , . <br /> <br />hearing record) the notification of the approved variance required in Section 18.060.1 shall also <br />include the board of adjustment's summary orthe public record/testimony) the findings offacts, <br />and condusions which supported the issuance of the variance. <br /> <br />18.070 Conditional Uses in Shoreland Areas. Conditional uses allowable within shoreland <br />areas shall be subject to the review and approval procedures of this code. The following <br />additional evaluation criteria and conditions apply within shoreland areas: <br /> <br />18.070.1 Evaluation criteria. A thorough evaluation of the waterbody and the topograpruc, <br />vegetation) and soils conditions on the site shall be made to ensure: <br /> <br />,. 1) the prevention of sož1 erosion or other possibJe po1Jution of public waters, both during and <br />after construction~ <br /> <br />2) the visibiHty of structures and other facHWes as viewed !Tom public waters is limited; <br /> <br />3) the types, uses, and numbers of watercraft that the project will generate can be safely <br />accommodated on the site. <br /> <br />4) the impact the proposed use may have on the water quality of the water body. <br /> <br />18.070.2 Conditions attached to conditional use permits. The City Council) upon <br />consideration of the criteria listed above and the purposes oftms chapter may attach such <br />conditions to the issuance of the conditional use pennits as it deems necessary. Such conditions <br />may include) but are not limited to. the fonowing: <br /> <br />I) increased setbacks from the ordinary high water level; <br /> <br />2) .. limitations on the natural vegetation to be removed or the requirement that additional <br />vegetation be planted; and <br /> <br />3) special provisions for the location, design, and use of structures) watercraft launching and <br />docking areas, and vehicle parking areas. <br /> <br />; 18.075 Nonconformities in Shoreland Areas. AlllegaUy established nonconforrnities as of the <br />date of this code amendment may continue, but they shall be managed according to applicable <br />state statutes and other regulations of the City for the subjects of alterations and additions, repair <br /> <br />17 <br />