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<br />. <br /> <br />In exercising the foregoing powers and duties, the Council shall follow the <br />procedures. rules and regulations established in Section 900.40 of this Code. <br /> <br />902.52 - Variances. The City Council. serving as the Board or Adjustment under <br />this ordinance. shall hear and decide applications for variances from the provisions <br />of this ordinance. Such variances may be granted only where the Council finds that <br />by reason of special conditione or exceptional circumstances, the literal application <br />or enforcement of this ordinance would cause unnecesl3:3.ry ha.rdship, and the relief granted <br />would not be contrary to the public interest but would do substantial justice and be <br />in accordance with the spirit of this ordinance. No variance shall allow in any <br />floodplain district uses prohibited in that district, nor shall any variance pel'1'l\it <br />a lesser degree of flood protection than the regulatory flood protection elevation for <br />the particular area or pel'1'l\it a lesser degree of flood protection than required by state <br />law and regulations. <br /> <br />1. No variance shall be granted which the Council determines will or has a tendency <br />to: <br /> <br />a. Increase the height or duration of flood waters. <br /> <br />b. Result in the placement of an artificial obstruction which will restrict <br />the passage of flood waters in such a manner as to increase the height of <br />flooding. <br /> <br />. <br /> <br />c. Result in incompatible land uses or uses which would be detrimental to <br />the protection of surface and ground water. <br /> <br />d. Increase the financial burdens imposed on the community land area. within <br />the City. <br /> <br />e. Be not in keeping with land use plans and planning objectives for the <br />City or which will increase or cause danger to life or property. <br /> <br />f. Be inconsistent with the objectives of encouraging land uses compatible <br />with the preservation of the natural land forms. vegetation and the m.a.rshes <br />and wetlands within the City. <br /> <br />g. Include development of land and water areas essential to continue the. <br />temporary withholding of rapid runoff of surface water which presently <br />contributes to downstream flooding or water pollution or for bad and water <br />areas which provide ground water infiltration which diminishes the land area <br />necessary to carry increased flows or storm water following a period of heavy <br />precipitation. <br /> <br />2. Notice to State. Notice of all applicatif)l1s for varla,1ces from the provisions <br />of this ordinance shall be sent to the Co~nisgion~r of ~atural Resources in the <br />same manner as prescribed herein for notices of conditional use pemit applications. <br /> <br />. <br /> <br />3. Review Process, Relevant Facto~~ond~tio~s of~P2~O~l. Applications <br />for a variance to this ordinance shall be reviewed by the Planning Commission and <br />City Council in the same manner and according to the same procedures as other <br />variance applications received under the Zoning Ordinance of the City of Elk River. <br />Engineering review shall be conducted in the same manner as provided herein for <br /> <br />13. <br /> <br />" , <br /> <br />