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7.3. SR 10-17-2011
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7.3. SR 10-17-2011
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10/14/2011 10:33:42 AM
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-°' ' - ~ - ~ ~ ~;~ ~" - _ '-~ .. In granting a variance, the Board of <br />~, ,... <br />Adjustment may prescribe appropriate conditions and safeguards, such as those specified in section 3{?- <br />191~(3), which are in conformity with the purposes of this division. Violations of such conditions and <br />safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of <br />this division punishable under section ;>~)-1873.-_A copy of all decisions granting variances shall be forwarded <br />by mail to the Commissioner of Natural Resources within ten days of such action. No variance shall be <br />granted which the City Council determines has or will have a tendenry to: <br />(1) Increase the height or duration of floodwaters. <br />(2) Result in the placement of an artificial obstruction which will restrict the passage of floodwaters <br />in such a manner as to increase the height of flooding. <br />(3) Result in incompatible land uses or uses which would be detrimental to the protection of surface <br />water and groundwater. <br />(4) Increase the financial burdens imposed on the community land areas within the city. <br />(5) Be not in keeping with land use plans and planning objectives for the city or which will increase <br />or cause danger to life or property. <br />(6) Be inconsistent with the objectives of encouraging land uses compatible with the preservation of <br />the natural landforms, vegetation and the marshes and wetlands within the city. <br />(7) Include development of land and water areas essential to continue the temporary withholding of <br />rapid runoff of surface water which presently contributes to downstream flooding or water pollution or for <br />land and water areas which provide groundwater infiltration which diminishes the land area necessary to carry <br />increased flows of storm_water following a period of heavy precipitation. <br />(g) Appeals from decisions of board. Appeals from any decision of the board may be made as specified in-tl~e <br />~°--'~ ~~'~~~,' ~~..~°-~': this article and Minnesota statutes. <br />(h) Flood insurance notice; records and reports. The Land Development Staff <br />ad~ta~_shall notify the applicant for a variance that the issuance of a variance to construct a structure <br />below the base flood level will result in increased premium rates for flood insurance up to amounts as high as <br />$25.00 for $100.00 of insurance coverage, and that such construction below the 100-year or regional flood <br />level increases risks to life and property. Such notification shall be maintained with a record of all variance <br />actions. The city shall maintain a record of all variance actions, including justification for their issuance, and <br />report such variances issued in its annual or biennial report submitted to the administrator of the National <br />Flood Insurance Program. <br />Section 16. That Section 30-1911 of the City of Elk River Code of Ordinances, titled Districts, <br />shall be amended to read as follows: <br />Sec. 3{)-1911. -Districts. <br />
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