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DIV1SIOl~ 12. SHORELMTD lviANAGEI\flENT* Page 3 of 21 of the standards set forth in this division. Variances may only be granted in accordance with Minn. Stats. ch. 462, as applicable. A variance may not circumvent the general purposes and intent of this division. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. Variances may be granted subject to the findings and standards as required by subdivision II of division 2 of this article. Additionally, when considering a variance request in shoreland areas, the board of adjustments shall also consider the following: (1) Whether the property owner has reasonable use of the land without the variance; (2) Whether the property is used seasonally or yearround; (3) Whether the variance is being requested solely on the basis of economic considerations; and (4) The characteristics of development on adjacent properties. (b) Nonconfornling sewage treatment systems. Additional standards for nonconforming sewage treatment systems are as follows: (1) For existing developments, the application for a variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. (2) The variance, if issued, shall require reconstruction of a nonconforming sewage treatment system. (c) Action by board of adjustments. The board of adjustments shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the state department of natural resources has formally recommended denial in the hearing record, the notification of the approved variance required in section 30-1985QJ) shall also include the board of adjustment's summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance. (Code 1982, 9 904.04(3)) Sec. 30-1985. Notifications to commissioner. (a) Copies of all notices of any public hearings to consider variances, amendments, or conditional uses under local shoreland management controls shall be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats shall include copies of the subdivisions/plats. (b) A copy of approved amendments and subdivisions/plats and final decisions granting variances or conditional uses under local shoreland management controls shall be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action. (Code 1982, S 904.04(4)) Sec. 30-1986. Nonconformities. All legally established nonconformities as of the effective date of the ordinance from which this article is derived may continue, but they will be managed according to applicable state statutes and other regulations of the city for the subj ects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas: (1) COllstructioll 011 11onconformi12g lots of record a. Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of subdivision IV of this division may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate oVlnership from abutting lands at all times since it became substandard, the lot was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this division are met b. If setback requirements cannot be met, a variance shall be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustments shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. c. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of section 30-2021, the lot shall not be considered as a separate parcel of land for the http://library4 . muni code. com/mcc/Doc Vi ew/13 427/1/66/84/96 5/9/2006