Agenda - Council Work Session - 04/11/2023

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (C) Variances. Variances may only be granted in accordance with section 117-53 and Minn. Stats. ch. 462, as applicable. In addition to the criteria established in section 117-53, the board of adjustment must also determine whether the property is used seasonally or year-round. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. For existing developments, the application for variance must include documentation, either through existing records or an inspection report by a licensed Minnesota Pollution Control Agency septic inspector, documenting that a complying individual sewage treatment system is present for the intended use of the property. If a variance is issued that will have the effect of allowing additional bedroom on the property, the property owner shall be required, if necessary, to upgrade the ^nf^noncomplying individual sewage treatment system in conjunction with the issuance of the variance. If the variance does not have the effect of allowing additional bedrooms, the property owner shall have a maximum of two years to upgrade the neneerf^rY,r,Rg noncomplying system. " f- ed. [`.,[`t em +„Ffflined to be n knn9oner►+ health threat must be reeenstFuc;ted within 4-5 cj;wc rinq;irdlincc ef the inteRded use peFmitted bly t. e (D) Notifications to the department of natural resources. (1) 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 commissioner'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. (2) 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 variance is approved after the department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance shall also include the board of adjustment's summary of the public record/testimony and the findings of fact which supported the issuance of the variance. 932 Shoreland Classification System and Land Use Districts; Shoreland Management (A) Shoreland classification system. (1) The public waters of the city have been classified in subsection (a)(2) of this section consistent with the criteria found Minn. Rules pt. 6120.3300, and the protected waters inventory map for the county. In order to guide the wise development and utilization of shorelands of protected waters for the preservation of water quality, natural characteristics, economic values and the general health, safety and welfare, certain protected waters in the city have been given a shoreland management classification. (2) These protected waters of the city have been classified by the commissioner of natural resources as follows: Natural Environment Lakes DNR I.D. # a. Shack Eddy 2-109 Fb. I Itasca 2-110 Recreational Development Lakes DNR I.D. # a. Jeglens Marsh 2-111 b. Peltzer Pond 2-112 c. Rogers 2-104 F—d. I Grass (Sunfish) 2-113 Page 121 of 147