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the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, <br /> permit a lower degree of flood protection than the regulatory flood protection elevation for the particular <br /> area, or permit standards lower than those required by state law. The following additional variance <br /> criteria of the Federal Emergency Management Agency must be satisfied: <br /> 1. Variances shall not be issued by a community within any designated regulatory floodway if any <br /> increase in flood levels during the base flood discharge would result. <br /> 2. Variances shall on►y be issued by a community upon (i) a showing of good and sufficient cause, <br /> (ii) a determination that failure to grant the variance would result in exceptional hardship to the <br /> applicant, and (iii)a determination that the granting of a variance will not result in increased flood <br /> heights, additional threats to public safety, extraordinary public expense,create nuisances,cause <br /> fraud on or victimization of the public, or conflict with existing local laws or ordinances. <br /> 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, <br /> considering the flood hazard, to afford relief. <br /> (d) Hearings. Upon filing with the city council of an appeal from a decision of the planning director, or an <br /> application for a variance, the city council shall fix a reasonable time for a hearing and give due notice <br /> to the parties in interest as specified by law. The city council shall submit by mail to the commissioner <br /> of natural resources a copy of the application for proposed variances sufficiently in advance so that <br /> the commissioner will receive at least ten days notice of the hearing. <br /> (e) Decisions. The city council shall arrive at a decision on such appeal or variance within 60 days. In <br /> passing upon an appeal,the city council may,so long as such action is in conformity with the provisions <br /> of this article, reverse or affirm, wholly or in part, or modify the order, requirement, decision or <br /> determination of the planning director or other public official. It shall make its decision in writing setting <br /> forth the findings of fact and the reasons for its decisions. In granting a variance the city council may <br /> prescribe appropriate conditions and safeguards such as those specified in section 78-1135(6),which <br /> are in conformity with the purposes of this article. Violations of such conditions and safeguards, when <br /> made a part of the terms under which the variance is granted,shall be deemed a violation of this article <br /> punishable under section 78-1138. A copy of all decisions granting variances shall be forwarded by <br /> mail to the commissioner of natural resources within ten days of such action. <br /> (f) Appea/s. Appeals from any decision of the city council may be made, and as specified in this <br /> community's official controls and also by Minnesota Statutes. <br /> (g) Flood insurance notice and record keeping. The planning director shall notify the applicant for a <br /> variance that: 1) the issuance of a variance to construct a structure below the base flood level will <br /> result in increased premium rates for flood insurance up to amounts as high as $25.00 for$100.00 of <br /> insurance coverage; and 2) such construction below the 100-year or regional flood level increases <br /> risks to life and property. Such notification shall be maintained with a record of all variance actions. A <br /> community shall maintain a record of all variance actions, including justification for their issuance, and <br /> report such variances issued in its annual or biennial report submitted to the administrator of the <br /> National Flood Insurance Program. <br /> (Ord.No.88 3rd series, § 5,6-27-2011) <br /> Sec.78-1135.-Conditional uses. <br /> The city council shall hear and decide applications for conditional uses permissible under this article. <br /> Applications shall be submitted to the planning director who shall forward the application to city council for <br /> consideration. <br /> (1) Hearings. Upon filing with the city an application for a conditional use permit, the city shall submit <br /> by mail to the commissioner of natural resources a copy of the application for proposed <br /> conditional use sufficiently in advance so that the commissioner will receive at least ten days <br /> notice of the hearing. <br /> Page 14 <br />