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0790
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0790
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Prior to the community authorizing any alteration or relocation of a watercourse If the applicant <br />has applied for a permit to work in the beds of public waters Pursuant to Minnesota Statue <br />Chapter 103G. this shall suffice as adequate notice to the Commissioner of Natural Resources A <br />copy of said notification shall also be submitted to the Chicago Regional Office of the Federal <br />Emergency Management Agency (FEMA) <br />I. Notification to FEMA When Phvsical Changes Increase or Decrease the 100 year Flood <br />Elevation. As soon as is practicable but not later than six (6) months after the date such <br />supporting information becomes available City staff shall notify the Chicago Regional Office of <br />FEMA of the changes by submitting a copy of said technical or scientific data. <br />Appeal and Variance Procedure. <br />A. Administrative Review. The City Council shall hear and decide appeals where it is alleged <br />there is error in any order, requirement, decision, or determination made by an administrative <br />official in the enforcement or administration of this Chapter. <br />B. Variances. The City Council may authorize upon appeal in specific cases such relief or <br />variance from the terms of this Chapter as will not be contrary to the public interest and only for <br />those circumstances such as hardship, practical difficulties, or circumstances unique to the <br />property under consideration, as provided for in the respective enabling legislation for planning <br />and zoning for cities. In the granting of such variance, the City shall clearly identify in writing <br />the specific conditions that existed consistent with the criteria specified in this Cha ter an other <br />zoning regulations in the Community, and in the respective enabling legislation that have justified <br />the granting of the variance. No variance shall have the effect of allowing in any district uses <br />prohibited in that district, permit a lower degree of flood protection than the Regulatory Flood <br />Protection Elevation for the particular area, or permit standards lower than those required by State <br />law. The following additional variance criteria of the Federal Emergency Management Agency <br />must be satisfied: <br />1. Variances shall not be issued within any designated regulatory floodway if an <br />increase in flood levels during the base flood discharge would result <br />2. Variances shall only be issued upon <br />a. a showing of good and sufficient cause <br />b. a determinations that failure to grant the variance would result in exceptional <br />hardship to the applicant and <br />c. 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 <br />nuisances cause fraud on or victimization of the public, or conflict with existin <br />local laws or ordinances. <br />3. Variances shall only be issued upon a determinations that the variance is the minimum <br />necessary, considering the flood hazard to afford relief. <br />C. Hearings. Upon the filing with the City Council of an appeal from a decision of City staff, or <br />an application for a variance, the City Council shall fix a reasonable time for a hearing and give <br />due notice to the parties in interest as specified by law. The City Council shall submit by mail to <br />the Commissioner of Natural Resources a copy of the application for proposed variances <br />sufficiently in advance so that the Commissioner will receive at least ten days notice of the <br />hearing. <br />D. Decision. The City Council shall arrive at a decision on such appeal or variance within 45 <br />days. In passing upon an appeal, the City Council may, so long as such action is in conformity <br />with the provisions of this Chapter, reverse or affirm, wholly or in part, or modify the order, <br />(Underline reflects new language, ; ethrexgh reflects deleted language) <br />
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