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B. Granting a variance from a provision of the local land use ordinance <br /> which relates to the zoning dimension provisions of part 6105.00110 and any other <br /> zoning dimension provisions established in the management plan. <br /> C. Approving a plat which is inconsistent with the local land use ordinance. <br /> Subpart 2. Compliance with decision guides. No such action shall be <br /> effective unless and until the commissioner has certified that the action complies with the <br /> Minnesota Wild and Scenic Rivers Act, the statewide standards and criteria, and the <br /> management plan; and conforms to the following decision guides: <br /> A. A land use ordinance or amendment must comply with the act," the <br /> standards and criter/a, and the management plan. <br /> B. The grant of a variance requires the presence of these conditions: <br /> (1). The strict enforcement of the land use controls will result in unnecessary <br /> hardship. "Hardship" as used in connection with the granting of a variance means <br /> the property in question cannot be put to a reasonable use under the conditions allowed <br /> by the zoning provisions. Economic considerations alone shall not constitute a <br /> hardship if any reasonable use for the property exists under the terms of the ordinance. <br /> (2.) Granting of the variance is not contrary to the purpose and intent of the <br /> zoning provisions herein established by these standards and criteria, and is consistent <br /> with the comprehensive management plan adopted by the commissioner. <br /> (3.) There are exceptional circumstances unique to the subject property which <br /> were not created by the landowner. <br /> (4.) Granting of the variance will not allow any use which is neither a <br /> permitted or conditional use in the land use district in which the sub. iect property, is <br /> <br /> (5.) Granting of the variance will not alter the essential character of the <br /> locality as established by the management plan. <br /> (6.) Exception: where a setback pattern from the normal high water mark has <br />already been established on both sides of the proposed building site, the setback of the <br />proposed structure may be allowed to conform to that pattern. This provision shall <br />apply only to lots which do not meet the minimum lot width resrictions of the ordinance. <br /> C. Approval of a plat which is inconsistent with the local land use ordinance <br />is permissible only if the detrimental impact of the inconsistency is more than overcome <br />by other protective characteristics of the proposal." <br /> This means that because commercial uses are not a permitted or conditional use <br />in part 6105.0100, and because lot size smaller than "at least two acres in area and at <br />least 200 feet in width at the building line" are not a permitted or conditional use in part <br />6105.0110, S ubpart 2., C., and that this action does not comply with any decision guides <br />in part 6105.0230, Subpart 2., the commissioner has no authority under the law to <br />provide certification of approval. This is the same situation in 1999 when the City <br />made several ordinance amendments and zone changes that do not comply with part <br />6105.02.~0. <br /> <br />2. We will not allow service drives on our property that serve unlawfully approved <br />commercial or higher density residential uses. This service drive has large trucks <br />delivering day and night and high volumes of traffic that were not contemplated as a <br /> <br /> <br />