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Agenda - Planning Commission - 01/07/2016
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Agenda - Planning Commission - 01/07/2016
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Meetings
Meeting Document Type
Agenda
Meeting Type
Planning Commission
Document Date
01/07/2016
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225(g)(2). Application for a permit shall be made to the building official on the forms provided. <br />The application shall include the necessary information so that the building official can determine <br />the site's suitability for the intended use and that a compliant sewage treatment system will be <br />provided. <br />(2) A permit authorizing an addition to an existing structure shall stipulate that an identified <br />nonconforming sewage treatment system, as defined by section 117-225(g)(7)b, shall be <br />reconstructed or replaced in accordance with the provisions of this subdivision. <br />(b) Certificate of zoning compliance. The zoning administrator shall issue a certificate of zoning <br />compliance for each activity requiring a permit as specified in this subdivision. This certificate will <br />specify that the use of land conforms to the requirements of this subdivision. Any use, arrangement, <br />or construction at variance with that authorized by permit shall be deemed a violation of this subdivision <br />and shall be punishable as provided in this subdivision. <br />(c) Variances. Variances may only be granted in accordance with section 117-53 and Minn. Stats. ch. <br />462, as applicable. In addition to the criteria established in section 117-53, the board of adjustment <br />must also determine whether the property is used seasonally or yearround. Conditions may be <br />imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the <br />public interest. For existing developments, the application for variance must include documentation, <br />either through existing records or an inspection report by a licensed Minnesota Pollution Control <br />Agency septic inspector, documenting that a conforming individual sewage treatment system is <br />present for the intended use of the property. If a variance is issued that will have the affect of allowing <br />additional bedroom on the property, the property owner shall be required, if necessary, to upgrade the <br />nonconforming individual sewage treatment system in conjunction with the issuance of the variance. <br />If the variance does not have the affect of allowing additional bedrooms, the property owner shall have <br />a maximum of two years to upgrade the nonconforming system. A failed system determined to be an <br />imminent public health threat must be reconstructed within 45 days, regardless of the intended use <br />permitted by the variance. <br />(d) Notifications to the department of natural resources. <br />(1) Copies of all notices of any public hearings to consider variances, zoning amendments, <br />subdivisions, or conditional uses under local shoreland management controls must be sent to the <br />commissioner or the commissioner's designated representative and postmarked at least ten days <br />before the hearings. Notices of hearings to consider proposed subdivisions/plats must include <br />copies of the subdivision/plat. <br />(2) A copy of approved amendments and subdivisions/plats, and final decisions granting variances <br />or conditional uses under local shoreland management controls must be sent to the co mmissioner <br />or the commissioner's designated representative and postmarked within ten days of final action. <br />When a variance is approved after the department of natural resources has formally <br />recommended denial in the hearing record, the notification of the approved variance shall also <br />include the board of adjustment's summary of the public record/testimony and the findings of fact <br />which supported the issuance of the variance. <br />(Code 1978, § 9.25.03; Ord. No. 04-32, 5-30-2005) <br />Sec. 117-224. - Shoreland classification system and land use districts; shoreland management. <br />(a) Shoreland classification system. <br />(1) The public waters of the city have been classified in subsection (a)(2) of this section consistent <br />with the criteria found Minn. Rules pt. 6120.3300, and the protected waters inventory map for the <br />county. In order to guide the wise development and utilization of shorelands of protected waters <br />for the preservation of water quality, natural characteristics, economic values and the general <br />health, safety and welfare, certain protected waters in the city have been given a shoreland <br />management classification. <br />Page 2 <br />
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