Variances and Exceptions Rule
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1. VARIANCES AUTHORIZED
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.
A variance or exception will remain valid only as long as the underlying permit remains valid.
A violation of any condition of approval of a permit subject to a variance shall constitute grounds for termination of the variance.
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