<div class="chunk-title">Sec. 66-97. - Powers and duties of the watershed review board.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Administrative review.</span> The watershed review board shall hear and decide appeals from any decision or determination
               made by the watershed administrator in the enforcement of this chapter.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Variances.</span> The watershed review board shall have the power to authorize, in specific cases,
               minor variances from the terms of this chapter as will not be contrary to the public
               interests where, owing to special conditions, a literal enforcement of this chapter
               will result in practical difficulties or unnecessary hardship, so that the spirit
               of this chapter shall be observed, public safety and welfare secured, and substantial
               justice done. In addition, the county shall notify and allow a reasonable comment
               period for all other local governments having jurisdiction in the designated watershed
               where the variance is being considered.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Applications for a variance shall be made on the proper form obtainable from the watershed
               administrator and shall include the following information:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               A site plan, drawn to a scale of at least one inch to 40 feet, indicating the property
               lines of the parcel upon which the use is proposed; any existing or proposed structures;
               parking areas and other built-upon areas; surface water drainage. The site plan shall
               be neatly drawn and indicate north point, name and address of person who prepared
               the plan, date of the original drawing, and an accurate record of any later revisions.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               A complete and detailed description of the proposed variance, together with any other
               pertinent information which the applicant feels would be helpful to the watershed
               review board in considering the application.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               The watershed administrator shall notify in writing each local government having jurisdiction
               in the watershed. Such notice shall include a description of the variance being requested.
               Local governments receiving notice of the variance request may submit comments to
               the watershed administrator prior to a decision by the watershed review board. Such
               comments shall become a part of the record of proceedings of the watershed review
               board.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Before the watershed review board may grant a variance, it shall make the following
               three findings, which shall be recorded in the permanent record of the case, and shall
               include the factual reasons on which they are based:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               There are practical difficulties or unnecessary hardships in the way of carrying out
               the strict letter of this chapter. In order to determine that there are practical
               difficulties or unnecessary hardships, the board must find that the five following
               conditions exist:
               </p>
            		
            <p class="incr3">
               (i)
               </p>
            		
            <p class="content4">
               If he complies with the provisions of this chapter, the applicant can secure no reasonable
               return from, nor make reasonable use of, his property. Merely proving that the variance
               would permit a greater profit to be made from the property will not be considered
               adequate to justify the board in granting a variance. Moreover, the board shall consider
               whether the variance is the minimum possible deviation from the terms of this chapter
               that will make possible the reasonable use of his property.
               </p>
            		
            <p class="incr3">
               (ii)
               </p>
            		
            <p class="content4">
               The hardship results from the application of this chapter to the property rather than
               from other factors such as deed restrictions or other hardship.
               </p>
            		
            <p class="incr3">
               (iii)
               </p>
            		
            <p class="content4">
               The hardship is due to the physical nature of the applicant's property, such as its
               size, shape, or topography, which is different from that of neighboring property.
               </p>
            		
            <p class="incr3">
               (iv)
               </p>
            		
            <p class="content4">
               The hardship is not the result of the actions of an applicant who knowingly or unknowingly
               violates this chapter, or who purchases the property after January 1, 1994, and then
               comes to the board for relief.
               </p>
            		
            <p class="incr3">
               (v)
               </p>
            		
            <p class="content4">
               The hardship is peculiar to the applicant's property, rather than the result of conditions
               that are widespread. If other properties are equally subject to the hardship created
               in the restriction, then granting a variance would be a special privilege denied to
               others, and would not promote equal justice.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               The variance is in harmony with the general purpose and intent of this chapter and
               preserves its spirit.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               In the granting of the variance, the public safety and welfare have been assured and
               substantial justice has been done. The board shall not grant a variance if it finds
               that doing so would in any respect impair the public health, safety, or general welfare.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               In granting the variance, the board may attach thereto such conditions regarding the
               location, character and other features of the proposed building, structure or use
               as it may deem advisable in furtherance of the purpose of this chapter. If a variance
               for the construction, alteration or use of property is granted, such construction,
               alteration or use shall be in accordance with the approved site plan.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The watershed review board shall refuse to hear an appeal or an application for a
               variance previously denied if it finds that there have been no substantial changes
               in conditions or circumstances bearing on the appeal or application.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               A variance issued in accordance with this section shall be considered a watershed
               protection permit and shall expire if a building permit or watershed occupancy permit
               for such use is not obtained by the applicant within six months from the date of the
               decision.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               The following definition of major variance shall apply.
               </p>
            		
            <p class="b2">
               <span class="ital">Major variance.</span> A variance that results in any of the following: (1) the relaxation, by a factor
               of more than 15 percent, of any management requirement except density and built-upon
               area requirements; (2) the relaxation of any density or built-upon area management
               requirement.
               </p>
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               If the application calls for the granting of a major variance, and if the watershed
               review board decides in favor of granting the variance, the board shall prepare a
               preliminary record of the hearing with all deliberate speed. The preliminary record
               of the hearing shall include:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               The variance application;
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               The hearing notices;
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               The evidence presented;
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               Motions, offers of proof, objections to evidence, and rulings on them;
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               Proposed findings and exceptions;
               </p>
            		
            <p class="incr2">
               f.
               </p>
            		
            <p class="content3">
               The proposed decision, including all conditions proposed to be added to the permit.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               The preliminary record shall be sent to the environmental management commission for
               its review as follows:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               If the commission concludes from the preliminary record that the variance qualifies
               as a major variance and that (1) the property owner can secure no reasonable return
               from, nor make any practical use of the property unless the proposed variance is granted,
               and (2) the variance, if granted, will not result in a serious threat to the water
               supply, then the commission shall approve the variance as proposed or approve the
               proposed variance with conditions and stipulations. The commission shall prepare a
               commission decision and send it to the watershed review board. If the commission approves
               the variance as proposed, the board shall prepare a final decision granting the proposed
               variance. If the commission approves the variance with conditions and stipulations,
               the board shall prepare a final decision, including such conditions and stipulations,
               granting the proposed variance.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               If the commission concludes from the preliminary record that the variance qualifies
               as a major variance and that (1) the property owner can secure a reasonable return
               from or make a practical use of the property without the variance or (2) the variance,
               if granted, will result in a serious threat to the water supply, then the commission
               shall deny approval of the variance as proposed. The commission shall prepare a commission
               decision and send it to the watershed review board. The board shall prepare a final
               decision denying the variance as proposed.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Subdivision approval.</span> See article II of this chapter.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Public health.</span> See article IV of this chapter.
               </p>
            		
            <p class="historynote0">
               (Ord. of 11-1-93, Â§ 507)
               </p></div>