08-23-2004 Council Packet - Laserfiche WebLink

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(4) Increase the financial burdens imposed on the community through increased floods and overflow of water onto land areas within the city or onto land areas adjacent to Minnehaha Creek. (5) Be not in keeping with land use plans and planning objections for the city or which will increase or cause danger to life or property. (6) Be inconsistent with the objectives of encouraging land uses compatible with the preservation of the natural land forms, vegetation and the marshes and wetlands. (7) Include development of land and water areas essential to continue the temporary witliholding of rapid runoff of surface water which contributes to downstream flooding or water pollution or for land and water areas which provide groundwater infiltration which diminishes the land area necessary to carry increased flows or stormwater following periods of heavy precipitation. (c) Notice of all applications for variances to this article shall be sent to the commissioner of natural resources in the same manner as notices of conditional use peimit applications. (d) Applications for variances to this article shall be reviewed according to engineering conditions and relevant factors in the same manner as provided for conditional use permit applications; and in granting a variance, the city may prescribe appropriate conditions and safeguards which aie in confomiity with the purposes of this article. Violations of such conditions and safeguards, when made a part of the tenns under which the variance is granted, shall be deemed a violation of this article, punishable as provided in this chapter. (Code 1984, § 10.55(25)) Sec. 78-1144. Nonconformiog uses. A structure or the use of a structure or premises which was lawful before January 11,1979, or before amendment of this article but which is not in conformity with the provisions of this article may be continued subject to the following conditions: (1) No such use shall be expanded, changed, enlarged or altered in a way which increases its nonconformity. (2) No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed 50 percent of its value at the time of its becoming a nonconforming use unless the structure is permanently changed to a conforming use or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. » i