Agenda - Planning Commission - 02/02/2017

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Many local governments currently use similar mitigation systems or place conditions on development to address the consequences of granting variances to developers. Subpart 3. Nonconformities. This subpart addresses how local governments are to address nonconformities. Nonconformities were a significant concern to local governments, interest groups, and property owners during the rule development process, especially the concern that the proposed rules would create new nonconforming structures, uses, or lots. Throughout the district mapping process and analysis of bluff definition alternatives, the DNR worked closely with local governments to minimize the creation of nonconforming structures, and in some cases to reduce the number of existing nonconformities. Although the proposed MRCCA rules were drafted to avoid creating legal nonconformities, it is inevitable that the adoption and implementation of these rules will create some legal nonconformities in the MRCCA, primarily nonconforming structures. Minn. Stat. § 116G.15, subd. 2(c) (2015) expressly permits the continuation of legally established nonconformities to the extent they are consistent with Minn. Stat. §§ 394.36 and 462.357, subd. le (2015). Where nonconforming principal structures do exist within the MRCCA, this subpart gives local governments the option of allowing limited lateral expansion of the nonconforming principal structure into required setbacks, consistent with defined criteria. This subpart also clarifies that new structures built in accordance with the setback averaging provisions in proposed Minn. R. 6106.0120, subp. 3, or site alterations such as landscaping, erosion control, and stormwater control structures legally made prior to adoption of these rules, are considered conforming structures and site features. Subpart4. Conditional and interim use permits. A conditional use permit is a discretionary permit granted by a zoning authority that allows certain uses in a particular zoning district only after a public hearing and with specified conditions. An interim use permit is similar but zoning authorities can impose time limits on the use. This subpart allows local governments to issue conditional or interim use permits within the MRCCA provided the local government evaluates, assesses, and applies appropriate mitigation for potential impacts on key resources and features that may arise as a result of issuing the permit. Specific mitigation standards are set forth in subpart 5 of this part. This subpart pertains only to those conditional and interim uses specified in the proposed MRCCA rules. Subpart5. Mitigation. This subpart establishes mitigation measures intended to offset adverse impacts associated with the issuance of a variance under subpart 3 or an interim or conditional use permit under subpart 4 of this part. Local governments are responsible for determining mitigation measures that are related and proportional to the negative impact of the action allowed by the variance, conditional use, or interim use. Rather than mandating specific mitigation measures, this provision allows local governments to determine the appropriate measures that meet the intent of these rules, provided that the mitigation proportionally compensates for the adverse impact of the approved activity. Subpart 6. Project information. This subpart contains a list of materials an applicant is expected to submit to apply for a discretionary action or permit required under the proposed MRCCA rules. A discretionary action, as defined in proposed Minn. R. 6106.0050, subp. 21, includes actions that require a hearing under local ordinance or statute. 41