Agenda - Council - 08/08/2023 - Laserfiche WebLink

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1 also determine whether the property is used seasonally or year-round. Conditions may be imposed 2 in the granting of a variance to ensure compliance and to protect adjacent properties and the public 3 interest. For existing developments, the application for variance must include documentation, 4 either through existing records or an inspection report by a licensed Minnesota Pollution Control 5 Agency septic inspector, documenting that a conforming complying individual sewage treatment 6 system is present for the intended use of the property. If a variance is issued that will have the effect 7 of allowing additional bedroom on the property, the property owner shall be required, if necessary, 8 to upgrade the nonconforming noncomplying individual sewage treatment system in conjunction 9 with the issuance of the variance. If the variance does not have the effect of allowing additional 10 bedrooms, the property owner shall have a maximum of two years to upgrade the nonconforming 11 noncomplying system. A failed systcm determined to be an imminefit publif-19-calth threat must be 12 reconstructed within 45 days, regardless of the intended use permitted by the variance 13 (D) Notifications to the department of natural resources. 14 (1) Copies of all notices of any public hearings to consider variances, zoning amendments, 15 subdivisions, or conditional uses under local shoreland management controls must be sent to 16 the commissioner or the commissioner's designated representative and postmarked at least 17 ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats 18 must include copies of the subdivision/plat. 19 (2) A copy of approved amendments and subdivisions/plats, and final decisions granting 20 variances or conditional uses under local shoreland management controls must be sent to the 21 commissioner or the commissioner's designated representative and postmarked within ten 22 days of final action. When a variance is approved after the department of natural resources 23 has formally recommended denial in the hearing record, the notification of the approved 24 variance shall also include the board of adjustment's summary of the public record/testimony 25 and the findings of fact which supported the issuance of the variance. 26 27 942 Shoreland Classification System and Land Use Districts; Shoreland Management 28 (A) Shoreland classification system. 29 (1) The public waters of the city have been classified in subsection (a)(2) of this section consistent 30 with the criteria found Minn. Rules pt. 6120.3300, and the public waters inventory map for 31 the county. In order to guide the wise development and utilization of shorelands of public 32 waters for the preservation of water quality, natural characteristics, economic values and the 33 general health, safety and welfare, certain public waters in the city have been given a 34 shoreland management classification. 35 (2) These public waters of the city have been classified by the commissioner of natural resources 36 as follows: Natural Environment Lakes DNR I.D. # a. Shack Eddy 2-109 b. Itasca 2-110 37 38 Recreational Development Lakes DNR I.D. # a. Jeglens Marsh 2-111 b. Peltzer Pond 2-112 c. Rogers 2-104 d. Grass (Sunfish) 2-113 General Development Lakes DNR I.D. # a. Ramsey Terrace Pond 2-114 Page 132 of 160