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Section 10.55, Subdivision 2b. Identifies the criteria to justify a variance <br />and states "In e<traordinary cases, the council may authorize upon <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 />2. <br />4. <br />5. <br />(The amount of runoff will remain as originally existed <br />and have no adverse Impact. <br />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 />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 />Minnehaha Creek. <br />(There would be no adverse impact on Lake Minnetonka or <br />Minnehaha Creek. This would resolve a flooding problem.) <br />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)