Agenda - Council - 08/10/2004 - Laserfiche WebLink

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b. A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined by Section 9.25.05, Sub& 7.g.2, shall be reconstructed or replaced in accordance with the provisions of this section. Subd. 2 Certificate of Zoning Compliance The Zoning Administrator shall issue a certificate of 'zoning compliance for each activity requiring a permit as specified in this section. This certificate will specify that the use of land conforms to the requirements of this section. Any use, arrangement, or construction at variance With that authorized by' permit shall be deemed a violation of this section and shall be punishable as provided in this section. Subd. 3 Variances Variances may only be granted in accordance with Chapter Section 9.03.07 of the City Code an~d Minnesota Statutes Chapter 462, as applicable. In addition to the criteria established in Section 9.03.07. the Board of' Adiustment must also determine whether the property is used seasonally or year-round. Conditions re.ay be imposed in the grantint~ of a variance to ensure compliance and to protect adiacent properties and the public interest. For existing developments, tl~e application for variance must include documentation, either throuah existing records or an inspection report by a licensed Minnesota Pollution Control Aaenc¥ Septic Inspector, documenting that a con:l.'ormina individual sewafze treatment system is present for the intended use of the property. Ifa varia/~ce is issued that will have the affect of allow/no~ additional bedroom(s) o.n the property, the property owner shall be required, if necessary, to up~rade the non-conformi, na individual sewage treatment system in conjunction with the issuance of the variance. If the varim~ce does not have the af['ect of allowimz additional bedrooms, the property owner shall have a maximum of' two (2) years to up~2rade the non-conformin~ system. A failed system dete~uTfined to be an imminent public health threat must be reconstructed within forty-five (453 days, regardless of the intended use permitted bv the variance. Subd. 4 Notifications to the Department of Natural Resources a. Copies of all notices of any public hearings to consider variances, zoning amendments, subdivisions, or conditional uses under local shoreland management controls must be sent to the commissioner or the co~mnissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. b. A copy of approved amendments and subdivisions/plats, and final decisions granting variances or conditional uses under local shoreland management controls must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action. When a w~rim~ce is approved after the Department of Natural Resources has fl)finally recommended denial in the hearin~ 'record. the notification of ~he approved variance shall also include the Board of' Adiustlnent's smnmarv of the public record/testimony and the find in as of fact which supported the issuance of the variance. 7 -197-