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04-04-05
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04-04-05
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1/12/2009 8:23:56 AM
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<br />Chapter 16 - Shoreland Ordinance <br />Draft No. 7 - City Council 2nd Reading - April 4, 2005 <br />Page 8 of 38 <br /> <br />SECTION 16.03 - A DMINISTRA TION ' . " <br /> <br />Subd.1. Permits Required <br />1.1 A shoreland permit is required for the construction of buildings or building <br />additions (and including such related activities as construction of decks and <br />signs), the installation and/or alteration of sewage treatment systems, and those <br />grading and filling activities not exempted by Section ~ 16.05. Subd. 3.2 of this <br />ordinance. Application for a shoreland permit shall be made to the Community <br />Development Division Plannina Department on the forms provided. The <br />application shall include the necessary information so that the Community <br />Development Division Planninq Department can determine the site's suitability <br />for the intended use and that a compliant sewage treatment system will be <br />provided. <br /> <br />1.2 A shoreland permit authorizing an addition to an existing structure shall <br />stipulate that an identified nonconforming sewage treatment system, as defined <br />by Section ~ 16.05. Subd. 8 shall be reconstructed or replaced in accordance <br />'with the provisions of this ordinance. Any use, arrangement, or construction at <br />variance with that authorized by permit shall be deemed a violation of this <br />ordinance and shall be punishable as provided in Section ~ 16.99 of this <br />ordinance. <br /> <br />Subd.2 <br /> <br />Variances <br /> <br />2.1 V3ri::mces m3Y only be gr3nted in 3ccord3nce with Minnesot3 St3tutes -162, <br />3S 3pplic3ble. .^. v3ri3nce m3Y not circumvent the gener31 purposes 3nd intent of <br />this ordin3nce. No 'ari3nce m3Y be gr3nted th3t would allow any use th3t is <br />prohibited in the zoning district in which the subject property is loc3ted. <br />Conditions m3Y be imposed in the gr3nting of 3 '3ri3nCe to ensure compli3nce <br />3nd to protect 3dj3cent properties and the public interest. In considering a <br />v3ri3nce request, the b03rd of 3djustment must also consider 'Nhether the <br />property owner h3S re3son3ble use of the 13nd 'lIithout the v3ri3nce, \Nhether the <br />property is used season311y or ye3r round, whether the v3ri3nce is being <br />requested solely on the b3sis of economic consider3tions, 3nd the <br />ch3r3cteristics of development on 3dj3cent properties. Applications for <br />variances from this ordinance shall be administered in accordance with the <br />procedures in Chapter 10 Land Use Requlations (Zonina) of the Code of <br />Ordinances and reviewed in accordance with Minnesota Statutes 462.357 in <br />addition to the followinq: <br /> <br />A. All variance requests shall be accompanied bv a land use application. <br /> <br />B. Variance applications shall be submitted to the Department of Natural <br />Resources in accordance with Subd. 3 of this section. <br /> <br />C. Conditions may be imposed in the qrantinq of a variance to insure <br />
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