08-23-2004 Council Packet - Laserfiche WebLink

Home Browse Search

3.Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Hearings. Upon filing with the City Council of an appeal from a decision of the Planning Director, or an application for a variance, the City Council shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed vanances sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. (e) Decisions. The City Council shall arrive at a decision on such appea’ or variance within 60 days. In passing upon an appeal, the City Council may, so long as such action is in conformity with the provisions of this Ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Planning Director or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance the City Council may prescribe appropriate conditions and safeguards such as those specified in Section 78-1135(6), which are in confomiity with the purposes of this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance puni.shable under Section 78-1138. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. (0 Appeals. Appeals from any decision of the City Council may be made, and as specified in this community's official controls and also by Minnesota Statutes. (g) Flood Insurance Notice and Record Keeping. The Planning Director shall notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and 2) Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be mainta..,ed with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. See. 78-1135 Conditional Uses. The City Council shall hear and decide applications for conditional uses permissible under this Ordinance. Applications shall be submitted to the Planning Director who shall forward the application to City Council for consideration. Hearings. Upon filing with the City an application for a conditional use permit, the City shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten days notice of the hearing. Decisions. The City Council shall arrive at a decision on a conditional use within 60 days. In granting a conditional use permit the City Council shall prescribe appropriate conditions and safeguards, m addition to those specified in Section 78-1135(6), w hich are m conformity with the purposes of this Ordinance. Violations of such conditions and safeguard;, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this Ordinance punishable under Section 78-1138. A copy of all decisions J Dimitt-I Ulf20(H rtvtiton -18-