ORD 11-05 - Laserfiche WebLink

Home Browse Search

of Natural Resources within ten days of such action. No variance shall be granted which the City Council determines has or will have a tendency to: (1) Increase the height or duration of floodwaters. (2) Result in the placement of an artificial obstruction which will restrict the passage of floodwaters in such a manner as to increase the height of flooding. (3) Result in incompatible land uses or uses which would be detrimental to the protection of surface water and groundwater. (4) Increase the financial burdens imposed on the community land areas within the city. (5) Be not in keeping with land use plans and planning objectives for the city or which will increase or cause danger to life or property. (6) Be inconsistent with the objectives of encouraging land uses compatible with the preservation of the natural landforms, vegetation and the marshes and wetlands within the city. (7) Include development of land and water areas essential to continue the temporary withholding of rapid runoff of surface water which presently contributes to downstream flooding or water pollution or for land and water areas which provide groundwater infiltration which diminishes the land area necessary to carry increased flows of storm water following a period of heavy precipitation. (g) Appeals from decisions of board. Appeals from any decision of the board may be made as specified in this article and Minnesota statutes. (h) Flood insurance notice; records and reports. The Land Development Staff shall notify the applicant for a variance that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage, and that such construction below the 100 -year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. The city shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the administrator of the National Flood Insurance Program. Section 16. That Section 30 -1911 of the City of Elk River Code of Ordinances, titled Districts, shall be amended to read as follows: Sec. 30 -1911. - Districts. (a) Established. The floodplain areas within the jurisdiction of this division are hereby divided into two districts: floodway districts (FW) and flood fringe districts (FF). The boundaries of these districts are shown on the Federal Emergency Management Agency flood insurance rate maps for the city or as defined in Section 30 -1911 (b) and (c). (b) Floodway District. The floodway district shall include those Zone AE areas designated as floodway on the flood insurance rate map adopted in - Section 30 -1867. The Floodway, District shall also include those areas for West Twin Lake that are at or below the Ordinary High Water Level of 927.1 (National Geodetic Vertical Datum, 1929 Adjustment).