HF 52

1st Unofficial Engrossment - 87th Legislature (2011 - 2012)

Posted on 04/14/2011 10:12 a.m.

1.1A bill for an act 1.2relating to local government; providing for variances from city, county, and town 1.3zoning controls and ordinances;amending Minnesota Statutes 2010, sections 1.4394.27, subdivision 7; 462.357, subdivision 6. 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6    Section 1. Minnesota Statutes 2010, section 394.27, subdivision 7, is amended to read: 1.7    Subd. 7. Variances; hardship new text begin practical difficulties new text end . The board of adjustment shall 1.8have the exclusive power to order the issuance of variances from the terms new text begin requirements new text end 1.9of any official control including restrictions placed on nonconformities. Variances shall 1.10only be permitted when they are in harmony with the general purposes and intent of the 1.11official control in cases when there are practical difficulties or particular hardship in 1.12the way of carrying out the strict letter of any official control, and when the terms of 1.13the variance new text begin variances new text end are consistent with the comprehensive plan. "Hardship" as used 1.14in connection with the granting of a variance means the property in question cannot be 1.15put to a reasonable use if used under the conditions allowed by the official controls; the 1.16plight of the landowner is due to circumstances unique to the property not created by the 1.17landowner; and the variance, if granted, will not alter the essential character of the locality. 1.18 new text begin Variances may be granted when the applicant for the variance establishes that there new text end 1.19 new text begin are practical difficulties in complying with the official control. "Practical difficulties," new text end 1.20 new text begin as used in connection with the granting of a variance, means that the property owner new text end 1.21 new text begin proposes to use the property in a reasonable manner not permitted by an official control; new text end 1.22 new text begin the plight of the landowner is due to circumstances unique to the property not created by new text end 1.23 new text begin the landowner; and the variance, if granted, will not alter the essential character of the new text end 1.24 new text begin locality. new text end Economic considerations alone shall new text begin do new text end not constitute a hardship if a reasonable 2.1use for the property exists under the terms of the ordinance new text begin practical difficulties. Practical new text end 2.2 new text begin difficulties include, but are not limited to, inadequate access to direct sunlight for solar new text end 2.3 new text begin energy systems new text end . Variances shall be granted for earth sheltered construction as defined in 2.4section 216C.06, subdivision 14, when in harmony with the official controls. No variance 2.5may be granted that would allow any use that is prohibited new text begin not allowed new text end in the zoning 2.6district in which the subject property is located. The board of adjustment may impose 2.7conditions in the granting of variances to new text begin . A condition must be directly related to and must new text end 2.8 new text begin bear a rough proportionality to the impact created by the variance new text end insure compliance 2.9and to protect adjacent properties and the public interest. The board of adjustment may 2.10consider the inability to use solar energy systems a "hardship" in the granting of variances. 2.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 2.12    Sec. 2. Minnesota Statutes 2010, section 462.357, subdivision 6, is amended to read: 2.13    Subd. 6. Appeals and adjustments. Appeals to the board of appeals and 2.14adjustments may be taken by any affected person upon compliance with any reasonable 2.15conditions imposed by the zoning ordinance. The board of appeals and adjustments has 2.16the following powers with respect to the zoning ordinance: 2.17(1) To hear and decide appeals where it is alleged that there is an error in any 2.18order, requirement, decision, or determination made by an administrative officer in the 2.19enforcement of the zoning ordinance. 2.20(2) To hear requests for variances from the literal provisions of the ordinance 2.21in instances where their strict enforcement would cause undue hardship because of 2.22circumstances unique to the individual property under consideration, and to grant such 2.23variances only when it is demonstrated that such actions will be in keeping with the spirit 2.24and intent of the ordinance. "Undue hardship" as used in connection with the granting of a 2.25variance means the property in question cannot be put to a reasonable use if used under 2.26conditions allowed by the official controls, new text begin requirements of the zoning ordinance including new text end 2.27 new text begin restrictions placed on nonconformities. Variances shall only be permitted when they are in new text end 2.28 new text begin harmony with the general purposes and intent of the ordinance and when the variances are new text end 2.29 new text begin consistent with the comprehensive plan. Variances may be granted when the applicant for new text end 2.30 new text begin the variance establishes that there are practical difficulties in complying with the zoning new text end 2.31 new text begin ordinance. "Practical difficulties," as used in connection with the granting of a variance, new text end 2.32 new text begin means that the property owner proposes to use the property in a reasonable manner not new text end 2.33 new text begin permitted by the zoning ordinance; new text end the plight of the landowner is due to circumstances 2.34unique to the property not created by the landowner, new text begin ; new text end and the variance, if granted, will not 2.35alter the essential character of the locality. Economic considerations alone shall new text begin do new text end not 3.1constitute an undue hardship if reasonable use for the property exists under the terms of 3.2the ordinance. Undue hardship also includes new text begin practical difficulties. Practical difficulties new text end 3.3 new text begin include new text end , but is new text begin are new text end not limited to, inadequate access to direct sunlight for solar energy 3.4systems. Variances shall be granted for earth sheltered construction as defined in section 3.5216C.06, subdivision 14 , when in harmony with the ordinance. The board of appeals and 3.6adjustments or the governing body as the case may be, may not permit as a variance any 3.7use that is not permitted new text begin allowed new text end under the new text begin zoning new text end ordinance for property in the zone 3.8where the affected person's land is located. The board or governing body as the case 3.9may be, may permit as a variance the temporary use of a one family dwelling as a two 3.10family dwelling. The board or governing body as the case may be may impose conditions 3.11in the granting of variances to insure compliance and to protect adjacent properties. new text begin . A new text end 3.12 new text begin condition must be directly related to and must bear a rough proportionality to the impact new text end 3.13 new text begin created by the variance. new text end 3.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end