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03/17/94 Public Hearing @ 7:36
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03/17/94 Public Hearing @ 7:36
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Meetings
Meeting Document Type
Minutes
Document Title
Board of Adjustment - Public Hearing 3
Document Date
03/17/1994
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STATE OF <br /> <br />EPARTMENT OF NATURAL RESOURCES <br /> <br />500 L.AFAYE'I'rE ROAD o ST. PAUL, MINNESOTA · 55155-40_ <br /> <br />March ~?, 3994 <br /> <br />Ci~ of Ramses. Board of Adjustment <br />e/o Sylvia Frohk, Zoni.ng_Administrator <br />15153 Nowthen Blvd. NW <br />Anoka, MN 55303-6197 <br /> <br />Dear Board Members: <br /> <br />RE: Variance request by William Dubats for Lakeview Enterprises, Inc., <br />Mississippi River <br /> <br />Thank you for the hearing notice and materials, received March 11, 1994, regarding a <br />varianc'e for the construction of self-service storage facilities Mthin the Mississippi <br />River Critical Area Overlay District. Mr. Dubats is requesting a variance for 90% <br />impervious surface area, instead of the required 30% impervious surface area under <br />Sec. I70.0112G A) of your ordinance. <br /> <br />The Mississippi P0ver through the City of Ramsey was designated as both a State <br />Wild and Scenic River and Critical Area. As specified /n the memorandum of <br />understanding between the DNR, EOB, and the City of Ramsey, dated July 1977, the <br />more restrictive of the Wild and Scenic River minimum standards and Critical Area <br />standards and regulations will apply for ordinance admininistration and <br />implementaion. <br /> <br />Under MN Rules for Wild and Scenic Rivers, part 6105.0230, subp. 2, the grant of a <br />variance requires the presence of all of the following conditions (many of which are <br />also contained in the municipality enabling statutes m MN Statutes, section 462-357, <br />subd. 6): <br /> <br />1) <br /> <br />Thc strict enforcement of thc land use controls will result in unnecssary <br />hardship. "Hardship. as used in connection w/th the granting of a variance <br />means the property m question cannot be put to a reasonable use under <br />the conditions allowed by the zoning provisions. Economic <br />considerations alone shall not constitute a hardship if any reasonable use <br />for the property exists under the ordinance. <br /> <br />2) <br /> <br />Granting of the variance is not contrary to the purpose and intent of the <br />zoning provisions and is consistent with the comprehensive management <br />plan. <br /> <br />3) There are exceptional circumstances unique to the subject property which <br /> were not created by the landowner. <br /> <br />4) Granting the variance villi not allow an), use which is neither a permitted <br /> or conditional use in the district in which the subject property is located. <br /> <br />AN EQUAL OPPORTUNITY EMPLOYER <br /> <br /> <br />
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