Duluth UDC § 1205.03

The following variance and appeals procedures shall apply to an appellant who has been denied a permit for a development activity, or to an owner or developer who has not applied for a permit because it is clear that the proposed development activity would be inconsistent with the floodplain management provisions of this Development Code. A request for a floodplain management variance may be submitted by an appellant to the Planning and Development Director. 365 | P a g e Article Twelve. Appeals 1. Requests for such variances from the requirements of this Development Code shall be submitted to the Planning and Development Director. All such requests shall be heard and decided in accordance with procedures in Section 1206 of this Article, below. At a minimum, such procedures shall include notice to all affected parties and the opportunity to be heard. 2. Any person aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to City Council, as provided below. 3. Floodplain management variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure, and the variance issued shall be the minimum necessary to preserve the historic character and design of the structure. 4. Floodplain management variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this Section are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety. 5. Floodplain management variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 6. In reviewing such requests, the Zoning Board of Appeals shall consider all technical evaluations, relevant factors, and all standards specified in Floodplain Management Section of this Development Code. 7. Conditions for variances: a. A Floodplain management variance shall be issued only when there is: i. A finding of good and sufficient cause; ii. A determination that failure to grant the variance would result in exceptional hardship; and, iii. A determination by a registered professional engineer that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or the creation of a nuisance. b. The provisions of the Floodplain Management Section of this Development Code are minimum standards for flood loss reduction; therefore, any deviation from the standards must be weighed carefully. Variances shall only be issued upon determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of a historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. c. Any person to whom a floodplain management variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation. d. The Planning and Development Director shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. e. Any person requesting a floodplain management variance shall, from the time of the request until the time the request is acted upon, submit such information and documentation as the Planning and Development Director, Zoning Board of Appeals, or City Council shall deem necessary to the consideration of the request. 8. Upon consideration of the factors listed above and the purposes of floodplain management stated in this Development Code, the Zoning Board of Appeals or the City Council may attach such conditions to the granting of a floodplain management variance as they deem necessary or appropriate, consistent with the purposes of this Development Code. 9. Floodplain management variances shall not be issued “after the fact”. 366 | P a g e Article Twelve. Appeals