Agenda - Planning Commission - 07/27/2023

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1 additions to existing structures in the floodplain. The zoning administrator must also maintain 2 a record of the elevation to which structures and alterations or additions to structures are 3 floodproofed. 4 (6) Notifications for watercourse alterations. Before authorizing any alteration or relocation of a 5 river or stream, the zoning administrator must notify adjacent communities. If the applicant 6 has applied for a permit to work in public waters pursuant to Minn. Stats. § 103G.245, this 7 will suffice as adequate notice. A copy of the notification must also be submitted to the 8 Chicago Regional Office of FEMA. 9 (7) Notification to FEMA when physical changes increase or decrease base flood elevations. As 10 soon as is practicable, but not later than six months after the date such supporting 11 information becomes available, the zoning administrator must notify the Chicago Regional 12 Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. 13 (C) Variances. 14 (1) Variance applications. An application for a variance to the provisions of this Subdivision will 15 be processed and reviewed in accordance with applicable state statutes and section 117-53. 16 (2) Adherence to state floodplain management standards. A variance must not allow a use that 17 is not allowed in that district, permit a lower degree of flood protection than the regulatory 18 flood protection elevation for the particular area, or permit standards lower than those 19 required by state law. 20 (3) Additional variance criteria. The following additional variance criteria of the Federal 21 Emergency Management Agency must be satisfied: 22 a. Variances must not be issued by a community within any designated regulatory 23 floodway if any increase in flood levels during the base flood discharge would result. 24 b. Variances may only be issued by a community upon (i) a showing of good and sufficient 25 cause, (ii) a determination that failure to grant the variance would result in exceptional 26 hardship to the applicant, and (iii) a determination that the granting of a variance will 27 not result in increased flood heights, additional threats to public safety, extraordinary 28 public expense, create nuisances, cause fraud on or victimization of the public, or 29 conflict with existing local laws or ordinances. 30 c. Variances may only be issued upon a determination that the variance is the minimum 31 necessary, considering the flood hazard, to afford relief. 32 (4) Flood insurance notice. The zoning administrator must notify the applicant for a variance that: 33 a. The issuance of a variance to construct a structure below the base flood level will result 34 in increased premium rates for flood insurance up to amounts as high as $25.00 for 35 $100.00 of insurance coverage; and 36 b. Such construction below the base or regional flood level increases risks to life and 37 property. Such notification must be maintained with a record of all variance actions. 38 (5) General considerations. The city may consider the following factors in granting variances and 39 imposing conditions on variances and conditional uses in floodplains: 40 a. The potential danger to life and property due to increased flood heights or velocities 41 caused by encroachments. 42 b. The danger that materials may be swept onto other lands or downstream to the injury 43 of others. 44 c. The proposed water supply and sanitation systems, if any, and the ability of these 45 systems to minimize the potential for disease, contamination and unsanitary 46 conditions. 47 d. The susceptibility of any proposed use and its contents to flood damage and the effect 48 of such damage on the individual owner. 49 e. The importance of the services to be provided by the proposed use to the community. Page 128 of 160