(A) Variances may only be granted in accordance with M.S. Ch. 462, as it may be amended from time to time, as applicable. A variance may not circumvent the general purposes and intent of this chapter. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the Planning Commission and City Council must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year-round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties.
(B) The Planning Commission and City Council shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance required in § 152.114(B) of this chapter shall also include the Planning Commission and City Council’s summary of the public record and testimony and the findings of facts and conclusions which supported the issuance of the variance.
(C) For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a non-conforming sewage treatment system by an MPCA certified installer.
(D) A variance from the impervious surface requirements contained in § 152.041(B)(1) of this chapter is not required for the alteration or addition of structures and appurtenances to lots in the shoreland district that exist as legal non-conformities, if the impervious surface coverage of a lot does not exceed 50% and the following conditions are met:
(1) The lot has been developed prior to 9-28-2010;
(2) A survey completed by a professional land surveyor is required to determine the exact amount of impervious surface coverage on the lot; and
(3) Any changes to structures or fixtures on the lot or appurtenances thereto do not increase the overall impervious surface coverage of the lot as calculated by a professional land surveyor and approved by the Planning Director at the time the building or other appropriate permit is applied for.
(E) A variance from the impervious surface requirements contained in § 152.041(B)(1) of this chapter is not required for the alteration or addition of structures and appurtenances to lots in the shoreland district that exist as legal non-conformities, if the impervious surface coverage of a lot does not exceed 50% and the following conditions are met:
(1) The lot has been developed prior to 9-28-2010;
(2) A survey completed by a professional land surveyor is required to determine the exact amount of impervious surface coverage on the lot; and
(3) The volume of water equal to one inch multiplied by the area of impervious surface over the amount of impervious surface that existed previously, as a legal non-conformity, must be treated on-site. For example, if a lot is 28% impervious surface coverage prior to construction and the applicant wants to increase to 30% impervious surface coverage, 2% of the impervious surface must be mitigated. Preference must be given to volume reduction techniques that include infiltration basins, rain gardens, enhanced infiltration swales, filter strips, disconnected impervious areas and other conservation designs. All management technologies shall be consistent with the latest state storm water manual. The city requires the use of trained personnel in erosion and sediment control and storm water management or a state licensed professional engineer to design and inspect the installation and use of best management practices to ensure proper design and operation of the on site storm water treatment facility. The city will have final say as to whether the design of the treatment facility is approved or not.
(2004 Code, § 152.108) (Ord. 92-56, passed 4-14-1992; Ord. 10-0557, passed 9-28-2010)