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<br />18.065 Variances in Shoreland Areas <br /> <br />18.065.1 Variances in these overlay districts may only be granted in accordance with Minnesota <br />Statutes Chapter 462. A variance shall not circumvent the general purposes and intent of the <br />Shoreland, Wetland, and Storm Water Management chapter. No variance shall be granted for a <br />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 <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 Department of Natural Resources has formally recommended denial in the <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 of the public record/testimony, the findings of facts, <br />and conclusions 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 topographic, <br />vegetation, and soils conditions on the site shall be made to ensure: <br /> <br />1) the prevention of soil erosion or other possible pollution of public waters, both during and <br />after construction; <br /> <br />2) the visibility of structures and other facilities as viewed from 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 is not <br />exceSSl ve. <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 of this chapter may attach such <br />conditions to the issuance of the conditional use permits as it deems necessary. Such conditions <br />may include, but are not limited to, the following: <br /> <br />1) 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. All legally established nonconformities as of the <br />date of this code amendment may continue, but they shall be managed according to applicable <br /> <br />17 <br />