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508 subdivision. Any use, arrangement, or construction at variance with that authorized <br />509 by permit shall be deemed a violation of this subdivision and shall be punishable as <br />510 provided in this subdivision. <br />511 <br />512 (h) Variances. Variances may only be granted in accordance with section 117-53 and <br />513 Minn. Stats. ch. 462, as applicable. In addition to the criteria established in section <br />514 117-53, the board of adjustment must also determine whether the property is used <br />515 I seasonally or year-round. Conditions may be imposed in the granting of a variance to <br />516 ensure compliance and to protect adjacent properties and the public interest. For <br />517 existing developments, the application for variance must include documentation, <br />518 either through existing records or an inspection report by a licensed Minnesota <br />519 Pollution Control Agency septic inspector, documenting that a conforming individual <br />520 sewage treatment system is present for the intended use of the property. If a <br />521 I variance is issued that will have the affecteffect of allowing additional bedroom on the <br />522 property, the property owner shall be required, if necessary, to upgrade the <br />523 nonconforming individual sewage treatment system in conjunction with the issuance <br />524 I of the variance. If the variance does not have the affecteffect of allowing additional <br />525 bedrooms, the property owner shall have a maximum of two years to upgrade the <br />526 nonconforming system. A failed system determined to be an imminent public health <br />527 threat must be reconstructed within 45 days, regardless of the intended use <br />528 permitted by the variance. <br />529 <br />530 (i) Notifications to the department of natural resources. <br />531 (1) Copies of all notices of any public hearings to consider variances, zoning <br />532 amendments, subdivisions, or conditional uses under local shoreland <br />533 management controls must be sent to the commissioner or the <br />534 commissioner's designated representative and postmarked at least ten days <br />535 before the hearings. Notices of hearings to consider proposed <br />536 subdivisions/plats must include copies of the subdivision/plat. <br />537 <br />538 (2) A copy of approved amendments and subdivisions/plats, and final decisions <br />539 granting variances or conditional uses under local shoreland management <br />540 controls must be sent to the commissioner or the commissioner's designated <br />541 representative and postmarked within ten days of final action. When a <br />542 variance is approved after the department of natural resources has formally <br />543 recommended denial in the hearing record, the notification of the approved <br />544 variance shall also include the board of adjustment's summary of the public <br />545 record/testimony and the findings of fact which supported the issuance of the <br />546 variance. <br />547 (Code 1978, § 9.25.03; Ord. No. 04-32, 5-30-2005) <br />548 (Code 1978, § 9.25.03; Ord. No. 04-32, 5-30-2005) <br />14 <br />