(A) Variances may be granted in extraordinary cases, but only after the variance procedures of this subchapter are followed and only when the proposed use is determined to be in the public interest. A variance will not be granted if it is determined to or has a tendency to:
(1) Result in the placement of an artificial obstruction which will restrict the passage of storm and flood water in such a manner as to increase the height of flooding, except obstructions approved by the DNR in conjunction with sound floodplain management;
(2) Result in incompatible land uses or which would be detrimental to the protection of surface and ground water supplies;
(3) Be not in keeping with land use plans and planning objectives for the city or that will increase or cause danger to life or property; and
(4) Be inconsistent with objectives of encouraging land uses compatible with the preservation of the natural land forms, vegetation and the shorelands in the city.
(B) For properties with existing sewage treatment systems, a certificate of compliance, consistent with Minn. Rules part 7082.0700, subpart 3, is required for variance approval. A sewage treatment system shall be considered compliant if the only deficiency is the system’s improper setback from the ordinary high water mark.
(Ord. 20210818-03, passed 8-18-2021)