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1996
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07-23-1996
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5.11
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• <br /> 6. Variances. <br /> Ay/ Variances may be considered for deviations from the strict application of the standards • <br /> 'set forth in this Ordinance. Variances may only be granted in accordance with Minnesota <br /> Statutes, Chapter 462 and if the following conditions are present: <br /> i. The strict enforcement of the land use controls will result in unnecessary hardship. <br /> ii. Granting of the variance is not contrary to the purpose and intent of this <br /> ordinance and is consistent with Minnesota Rules, parts 6105.0800 -6105.0960. <br /> iii. There are exceptional circumstances unique to the subject property which were <br /> not created by the landowner. <br /> iv. Granting of the variance will not allow any use which is neither a permitted or <br /> conditional use in the land use district in which the subject property is located. <br /> v. Granting of the variance will not alter the essential character of the locality. <br /> 1 j Conditions may be imposed in the granting of a variance to ensure compliance and to <br /> protect adjacent properties and the public interest. <br /> Additional Standards for Nonconforming Sewage Treatment Systems. For existing <br /> developments, the application for a variance shall clearly demonstrate whether a conforming <br /> sewage treatment system is present for the intended use of the property. The variance, if <br /> issued, shall require reconstruction of a nonconforming sewage treatment system. <br /> D / The Board of Adjustment shall hear and decide requests for variances in accordance • <br /> with the rules that it has adopted for the conduct of business. All granted variances to the <br /> requirements of this ordinance must be certified in accordance with Sections 906.04 (3) and <br /> (4) of this Ordinance before they become effective. <br /> 7. Plats. <br /> A ,L Copies of all plats within the Mississippi Wild and Scenic River District shall be <br /> forwarded to the Commissioner within ten days of approval by the City of Elk River. <br /> 3 / Approval of a plat which is inconsistent with this ordinance is permissible only if the <br /> detrimental impact of the inconsistency is more than overcome by other protective <br /> characteristics of the proposal. <br /> C All inconsistent plats approved by the City of Elk River must be certified in accordance <br /> with Sections 906.04 (3) and (4) of this Ordinance. <br /> 8. Conditional Use Permit Application Review by DNR - A copy of all notices of any public <br /> hearing, or where a public hearing is not required, a copy of the application to consider issuance of <br /> a conditional use permit shall be sent so as to be received by the Commissioner at least 30 days <br /> prior to such a hearing or meeting to consider issuance of a conditional use permit. Additional <br /> evaluation criteria and conditions from Section 904.08 (7) shall be considered in evaluating <br /> conditional use permit requests. A copy of the decision shall be forwarded to the Commissioner <br /> within ten days of such action. <br /> • <br /> 6 <br />
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