Variances and Exceptions Rule

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1. VARIANCES AUTHORIZED

The Board of Managers may hear requests for variances from strict compliance with provisions of the District Rules.

 


2. STANDARD

To grant a variance, the Board of Managers must determine, based on a showing by the applicant:

(a) that because of special conditions inherent to the property, which do not apply generally to other land or structures in the District, strict compliance with a provision of a District rule will cause undue hardship to the applicant or property owner;

(b) that the hardship was not created by the landowner, the landowner's agent or representative, or a contractor. Economic hardship is not grounds for issuing a variance;

(c) that granting such variance will not merely serve as a convenience to the applicant,

(d) that there is no feasible and prudent alternative to the proposed activity requiring the variance; and

(e) that granting the variance will not impair or be contrary to the intent of these rules.

 


3. TERM

A variance or exception will remain valid only as long as the underlying permit remains valid.

 


4. VIOLATION

A violation of any condition of approval of a permit subject to a variance shall constitute grounds for termination of the variance.

 


5. EXCEPTIONS

The Board of Managers may grant an exception from a provision of these rules requiring a particular treatment or management method, or setting forth a design specification of such a method, on a determination that the proposed application, with such further conditions as the Board may impose, will achieve a greater degree of water resource protection than would strict compliance with the provision.

 


6. SUPERMAJORITY REQUIREMENT

A variance or exception must be approved by a two-thirds majority of managers voting.

 


REVISIONS PURSUANT TO MINNESOTA STATUTES §103D.341

Adopted May 26, 2011- Effective June 1, 2011