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Subp. 16. Variances. <br />A. A local government shall consider variances consistent with <br />Minnesota Statutes, chapters 394 and 462. <br />B. Variances must require mitigation as provided under subpart <br />17. <br />Subp. 17. Mitigation. <br />A. Mitigation is required for: <br />(1) a variance granted to ordinances adopted under this <br />part; and <br />(2) a conditional or interim use permit granted pursuant <br />to ordinances adopted under parts 6106.0090 to <br />6106.0150. <br />B. Mitigation must be proportional to the impact of the project <br />on the resources and features identified in Minnesota <br />Statutes, section 116G.15, subdivision 4, paragraph (b). <br />C. Mitigation must include one or more of the following <br />measures as determined necessary by the local government: <br />(1) increased setbacks from the ordinary high water level <br />and blufflines; <br />(2) voluntary dedication of public access or trails; <br />(3) modifications to structure or facility design or location <br />to minimize the impact; <br />(4) voluntary conservation easements to protect the <br />shore impact zone, bluff impact zone, slope <br />preservation zone, or other buffers; <br />(5) restoration of native vegetation on the site; <br />(6) limiting storm water runoff and directing it away from <br />bluffs, steep slopes, and very steep slopes; <br />(7) restoration of areas within the shore impact zone, <br />bluff impact zone, slope preservation zone, wetlands, <br />floodplains, or buffers to a natural state; <br />(8) use of low -impact development storm water <br />management as provided under Minnesota Statutes, <br />section 115.03, subdivision 5c, to manage the rate and <br />volume of storm water runoff to predevelopment <br />conditions; <br />(9) voluntary removal of nonconforming structures or <br />impervious surfaces that do not comply with plans and <br />ordinances adopted under this part; <br />(10)use of techniques to reduce visual impact; <br />(11)voluntary connection to a public sewer; or <br />(12)other conditions considered necessary by the local <br />unit of government. <br />Subp. 18. Accommodating disabilities. Ramps or other facilities to <br />provide persons with disabilities reasonable access to their property, as <br />required by the federal Americans with Disabilities Act and the federal <br />21 <br />Draft Rules Commentary <br />This subpart states that variances require <br />mitigation. <br />This subpart clarifies when mitigation is <br />required. It lists examples of mitigation <br />measures that local governments may <br />consider, many of which were suggested by <br />local governments. <br />This subpart outlines exceptions to the <br />standards to accommodate people with <br />disabilities through an IUP to allow for ADA <br />6106.0060 <br />