§ 153.74 RELIEF.

   Any request for relief from a standard of this chapter must be decided by the Carver County Board of Adjustment. The standards and procedures set forth in §§ 152.214 through 152.218 shall apply to any request for relief in this chapter.

   (A)   Carver County Board of Adjustment cannot grant relief from any Minnesota Permit R100001 (the general permit authorization to discharge storm water associated with construction activity under the National Pollutant Discharge Elimination System) requirements. Such requests for relief must be heard by the Minnesota Pollution Control Agency (MPCA).

   (B)   Carver County Board of Adjustment cannot grant relief which is in conflict with or violates the Water Management Plan.

   (C)   In cases where an LGU has a similar standard, the Carver County Board of Adjustment cannot grant relief in instances where the LGU has not granted similar relief.

   (D)   Notice must also be given to the following:

      (1)   Property owners located downstream of the applicant property;

      (2)    Property owners located downstream of the applicant property to the nearest receiving waterbody; and

      (3)   Property owners located upstream affected by the project.

(Ord. 57-2005, passed 1-10-06; Am. Ord. 75-2012, passed 6-26-12; Am. Ord. 83-2016, passed 9-20-16; Am. Ord. 99-2022, passed 6-28-22)