Agenda - Council - 02/12/1980 - Laserfiche WebLink

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management plan by passing an interim zoning resolution~ providing such a resolution would be otherwise lawful. Co) CERTIFYI2qG CEKTAiN AGTION$ (1) In order to ensure that the standards he~'ein are not nullified by ]ustffied exceptions in particular cases, and to promote uniformity in the treatment of applications for such exceptions, a review and certification pro- cedure is hereby established for certain local land use decisions. These certain decisions consist of any decisions which (1) directly affect the uso of land within a Wild, Scenic, or Recreational River Land Uso District, and (2) are one of the following types of action: (aa) Adopting or amending ~n ordinance regulating the use of land, including rezoning of particular tracts of land. "(bb) Granting a variance from a provision of the local land use ~rdi. nance which relates to the ZONING DIMENSION PROVISIONS o£ NR 79 (e) and any other zoning dimension provisions e~tablished-ln the man-- agement plan. . (ct:) Approving a plat which is inconsistent with the local land use (2) No such action shall be effeetlve uniess and until the has certified that the action (1) complies with the Minnesota Wild and Scenic Rivers Act, the statewide standards and criteria, and the management plan; and (2) conforms to the following decision guides: (aa) A land ordinance amendment with the or must comply Act, the statewide standards and criteria, and the management plan. ~ Cob) The .grin...t of a variance requlres the presence of these conditions: (i) The strict enforcement of the land use controls will result in -nnecessary hardship. "Hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use under the conditions allowed by the zoning provisions. Ecoaomle considera- tions alone shall not'constitut~ a hardship if any reasonable use.for the prop- erty exists under the terms of the ordinance.. (t0 Granting of the varlanco is not contrary to the purpose and intent of the zoning provisions herein established by these standards and criteria, and is consistent with the ¢omprehensiv~ management plan adopted by the Commlssloner. (iii) There are exceptional clre-m~tances--unique to the subject property which were not created by the landowner.' 0v) Granting of the variance vn31 not allow any usa whmh is neither a Permitted or Cofiditional use in the land use district in which the subject property is located. . -' . (v) Granting of the vanknce will not alter the essential character of the locality as estab!i~hed by the management plan. " Where a setback pattern from the normal high water mark has already been established on both sid~ of the proposed building sim, the setback of. L.