Agenda - Planning Commission - 07/27/2023

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1 official can determine the site's suitability4or the intended use and that a compliant scwage 2 treatment systcm will bc provided. 3 (2) A permit authorizing an addition to an existing structure shall stipulate that an identified 4 nonconforming noncomplying sewage treatment system, as defined by Chapter 113, shall be 5 reconstructed or replaced in accordance with the provisions of this subdivision. 6 (6) Certificate of zoning compliance. The zoning administrator shall issue a certificate of zoning 7 compliance for each activity requiring a permit as specified in this subdivision. This certificate will 8 specify that the use of land conforms to the requirements of this subdivision. Any use, arrangement, 9 or construction at variance with that authorized by permit shall be deemed a violation of this 10 subdivision and shall be punishable as provided in this subdivision. 11 (C) Variances. Variances may only be granted in accordance with section 120and Minn. Stats. ch. 462, 12 as applicable. In addition to the criteria established in section 120, the board of adjustment must 13 also determine whether the property is used seasonally or year-round. Conditions may be imposed 14 in the granting of a variance to ensure compliance and to protect adjacent properties and the public 15 interest. For existing developments, the application for variance must include documentation, 16 either through existing records or an inspection report by a licensed Minnesota Pollution Control 17 Agency septic inspector, documenting that a conforming complying individual sewage treatment 18 system is present for the intended use of the property. If a variance is issued that will have the effect 19 of allowing additional bedroom on the property, the property owner shall be required, if necessary, 20 to upgrade the nonconforming noncomplying individual sewage treatment system in conjunction 21 with the issuance of the variance. If the variance does not have the effect of allowing additional 22 bedrooms, the property owner shall have a maximum of two years to upgrade the nonconforming 23 noncomplying system. A failed systcm determined to bc an imminent public-k}ealth threat must bc 24 reconstructed within 45 days, regardless of the intended use permitted by the variance- 25 (D) Notifications to the department of natural resources. 26 (1) Copies of all notices of any public hearings to consider variances, zoning amendments, 27 subdivisions, or conditional uses under local shoreland management controls must be sent to 28 the commissioner or the commissioner's designated representative and postmarked at least 29 ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats 30 must include copies of the subdivision/plat. 31 (2) A copy of approved amendments and subdivisions/plats, and final decisions granting 32 variances or conditional uses under local shoreland management controls must be sent to the 33 commissioner or the commissioner's designated representative and postmarked within ten 34 days of final action. When a variance is approved after the department of natural resources 35 has formally recommended denial in the hearing record, the notification of the approved 36 variance shall also include the board of adjustment's summary of the public record/testimony 37 and the findings of fact which supported the issuance of the variance. 38 39 942 Shoreland Classification System and Land Use Districts; Shoreland Management 40 (A) Shoreland classification system. 41 (1) The public waters of the city have been classified in subsection (a)(2) of this section consistent 42 with the criteria found Minn. Rules pt. 6120.3300, and the public waters inventory map for 43 the county. In order to guide the wise development and utilization of shorelands of public 44 waters for the preservation of water quality, natural characteristics, economic values and the 45 general health, safety and welfare, certain public waters in the city have been given a 46 shoreland management classification. 47 (2) These public waters of the city have been classified by the commissioner of natural resources 48 as follows: Page 132 of 160