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Section 10,55, Subdivision 25, identifies the criteria to justify a variance <br />and states "In extraordinary cases, the council may authorize ijpon <br />application such variance from the terms of this Section as will <br />not be contrary to the public interest, where owing to special <br />conditions a literal enforcement of the provisions of this Section <br />will result in unnecessary hardship so that the spirit of this <br />Section shall be observed and substantial justice done. No <br />variance shall have the effect of allowing in any district uses <br />prohibited in that district, permit a lower degree of flood <br />protection than the regulatory flood protection elevation for the <br />particular area, or permit standards lower than those required by <br />State law," <br />The specific items the Council will use to review the validity of the variance <br />is as follows: <br />Subd, 25. A. No variance shall be granted which the Council determines will or <br />has a tendency to : <br />1. Increase the height or duration of flood water in or along <br />the Minnehaha Creek, <br />(The amount of runoff will remain as originally existed <br />and have no adverse impact. <br />2. Result in the placement of an artificial obstruction <br />which will restrict the passage of flood water in such a <br />manner as to increase the height of flooding, except <br />obstructions approved by the Minnehaha Creek Watershed <br />District in conjunction with sound flood plain management, <br />(A natural obstruction was creating a flooding problem <br />which is resolved by site grading. An open swale, rather <br />than storm sewer, will permit the proper passage of flood <br />water.) <br />3. Result in incompatible land uses or which would be <br />detrimental to the protection of surface and ground water <br />supplies. <br />(Same type of land use as allowed by zoning) <br />4. Increase the financial burdens imposed on the community <br />through increased floods and overflow of water onto land <br />areas within the City or onto land areas adjacent to <br />Minneha.ia Creek. <br />(There would be no adverse impact on Lake Minnetonka or <br />Minnehaha Creek. This would resolve a flooding problem.) <br />b. Be not in keeping with land use plans and planning <br />objections for the City or which will increase or cause <br />danger to life or property. <br />(Proposal provides flood protection)