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08-09-2004 Council Packet
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08-09-2004 Council Packet
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(g) Record of First Floor Elevation. The Planning Director shall maintain a record of the <br />elevation of the lowest floor (including basement) of all new structures and alterations or additions to <br />existing structures in the floodplain. The Planning Director shall also maintain a record ol the elevation to <br />which structures or alterations and additions to structures are flood-proofed. <br />(h) Notifications for Watercourse Alterations. The Planning Director shall notify, in riverine <br />situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the <br />community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit <br />to work in the beds of publie waters piir.suant to Minnesota Statute, Chapter 103G, this shall suffice as <br />adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be <br />submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FE.M.\). <br />(i) Notification to FEMA When Physical Changes Increase or Decrease the 100-year Flood <br />elevation. As soon as is practicable, but not later than six (6) months after the date such supporting <br />information becomes available, the Planning Director shall notify the Chicago Regional Office of FEMA of <br />the changes by submitting a copy of said technical or .scientific data <br />Sec. 78-11.14 Appeals ami Variaiices/Dulles of the City Council <br />(a) Rul<*s. The City Council shall adopt rules for the conduct of business and may exercise all <br />of the powers conlurcd on such Hodies by State law. <br />(b) Admimstiativc Review. The City Council shall hear and decide appeals where it is alleged <br />there is error in any order, lequircment, decision, or determination made by an administrative otficial in the <br />cnforccnicnt or adimmsli ulion of this Ordinance. <br />(c) Variances. I'lic City Council may authorize upon appeal in specific cases such relief or <br />variance from the terms of this Oidmancc as will not be contrary to the public interest and only for those <br />circumsl.inces such as hardship, practical difficultie.s or circumstances unique to the property under <br />consideration, as provided for in the respective enabling legislation for planning and zoning for cities or <br />counties as appiopriate In tlic granting of such variance, the City Council shall clcaily identify in \niting <br />the .specific conditions that e.visted consistent w ith the criteria specified in this Ordinance, any other zoning <br />tegulalions m the Coiiimiinity, and m the respective enabling legislation that ju.stified the granting of the <br />variance. No variance shall have the et tect ot allow ing in any district uses prohibited in that district, pemiit a <br />lower degree of flood piotection than the regulatory flood protection elevation for the particular area, or <br />pci nut .standards low er lliait those required by state law. The following additional variance criteria of the <br />I cdcral Eineigcncy Manageincnl Agency mu.st be .satisfied; <br />1.V,-.nances shall not be issued by a ermunumty within any designated regulatory flv>odway if <br />any increase in flood levels during the base flood discharge would result <br />Vai lances shalf only be issued by a community upon (i) a show ing of good and suf ficient <br />cause, (ii) a dcicrmmation tliat failure to grant the variance would result in exceptional <br />haidship to the applicant, and (ni) a detcnmnation that the granting of a variance w ill not <br />result in incicased llo»>d heights, additional tlucats to public safety, extraordinary public <br />cx|>cnsc. create nuisances, cause fraud on or victimization of the public, ot conllict w ith <br />existing local laws or ordinances. <br />J Dtitrta-I Viip; l^t '1004 inlt/an - 17-
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