08-23-2004 Council Packet - Laserfiche WebLink

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r Sec. 78-1174. Conditional use permit review. (a) Platming commission, council. Applications for conditional use permits shall be reviewed by the planning commission and the council in the same manner as other zoning conditional use permit applications. No conditional use peimit shall be issued unless the applicant, in support of his application, shall submit certified engineering data, surveys, site plans, flowage calculations and other infomiation as the city may require in order to determine the effects of such development on the affected land and water areas. (b) Notice to state. Upon filing of an application for a conditional use pcmiit, the zoning administrator shall submit to the commissioner of natural resources a copy of the application for proposed conditional uses sufficiently in advance so that the commissioner will receive at least ten days' notice of the hearing. A copy of all decisions granting conditional use permits shall be forwarded to the commissioner of natural resources within ten days of such action. (c) Conditions of approval. In granting a conditional use pcmiit, the city may prescribe appropriate conditions and safeguards, which are in confomiity with the purposes of this article. Violations of such conditions and safeguards, when made a part of the tcmis under which the conditional use permit is granted, shall be deemed a violation of this article punishable as provided in this chapter. (d) Engineering review. The city engineer or other designated expert shall review applications for conditional use pennits and applications for uses within the general fioodplain district and, consistent with Minnesota Regulations NR86-87, shall detennine whether the proposed use is in the floodway or flood fringe and shall detemiinc the regulatory flood protection elevation. The designated engineer or expert shall: (1) Estimate the peak discharge of the regional flood. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. Compute the floodway necessary to convey the regional flood without increasing flood stages more than 0.5 foot. An equal degree of encroachment on both sides of the stream within the teach will be assumed. (e) Factors upon which the decision of the city shall be based. In passing upon conditional use applications, the city shall consider all relevant factors specified in other provisions of this article, and: The danger to life and property due to increased flood heights or velocities caused by encroachments. M