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HF 52

as introduced - 87th Legislature (2011 - 2012) Posted on 01/10/2011 11:23am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to local government; providing for variances from city, county, and town
zoning controls and ordinances; amending Minnesota Statutes 2010, sections
394.27, subdivision 7; 462.357, subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 394.27, subdivision 7, is amended to read:


Subd. 7.

Variances; deleted text begin hardshipdeleted text end new text begin practical difficultiesnew text end .

The board of adjustment
shall have the exclusive power to order the issuance of variances from the terms of any
official control including restrictions placed on nonconformities. Variances shall only be
permitted when they are in harmony with the general purposes and intent of the official
control deleted text begin in cases when there are practical difficulties or particular hardship in the way of
carrying out the strict letter of any official control,
deleted text end and when the terms of the variance
are consistent with the comprehensive plan. deleted text begin "Hardship" as used in connection with the
granting of a variance means the property in question cannot be put to a reasonable use
if used under the conditions allowed by the official controls; the plight of the landowner
is due to circumstances unique to the property not created by the landowner; and the
variance, if granted, will not alter the essential character of the locality.
deleted text end new text begin Variances may be
granted when the applicant for the variance establishes that there are practical difficulties
in complying with the official control. "Practical difficulties," as used in connection with
the granting of a variance, means that the property owner proposes to use the property in a
reasonable manner not permitted by an official control; the plight of the landowner is due
to circumstances unique to the property not created by the landowner; and the variance,
if granted, will not alter the essential character of the locality.
new text end Economic considerations
alone deleted text begin shalldeleted text end new text begin donew text end not constitute deleted text begin a hardship if a reasonable use for the property exists under
the terms of the ordinance
deleted text end new text begin practical difficulties. Practical difficulties include, but are not
limited to, inadequate access to direct sunlight for solar energy systems
new text end . Variances shall be
granted for earth sheltered construction as defined in section 216C.06, subdivision 14,
when in harmony with the official controls. No variance may be granted that would allow
any use that is deleted text begin prohibiteddeleted text end new text begin not allowednew text end in the zoning district in which the subject property is
located. The board of adjustment may impose conditions new text begin and mitigating requirements
new text end in the granting of variances to insure compliance deleted text begin anddeleted text end new text begin ,new text end to protect adjacent propertiesnew text begin ,new text end and
deleted text begin the public interestdeleted text end new text begin to protect the public health, safety, or the environmentnew text end . deleted text begin The board
of adjustment may consider the inability to use solar energy systems a "hardship" in
the granting of variances.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2010, section 462.357, subdivision 6, is amended to read:


Subd. 6.

Appeals and adjustments.

Appeals to the board of appeals and
adjustments may be taken by any affected person upon compliance with any reasonable
conditions imposed by the zoning ordinance. The board of appeals and adjustments has
the following powers with respect to the zoning ordinance:

(1) To hear and decide appeals where it is alleged that there is an error in any
order, requirement, decision, or determination made by an administrative officer in the
enforcement of the zoning ordinance.

(2) To hear requests for variances from the deleted text begin literal provisions of the ordinance
in instances where their strict enforcement would cause undue hardship because of
circumstances unique to the individual property under consideration, and to grant such
variances only when it is demonstrated that such actions will be in keeping with the spirit
and intent of the ordinance. "Undue hardship" as used in connection with the granting
of a variance means the property in question cannot be put to a reasonable use if used
under conditions allowed by the official controls,
deleted text end new text begin terms of the zoning ordinance including
restrictions placed on nonconformities. Variances shall only be permitted when they are in
harmony with the general purposes and intent of the ordinance and when the terms of the
variance are consistent with the comprehensive plan. Variances may be granted when the
applicant for the variance establishes that there are practical difficulties in complying with
the zoning ordinance. "Practical difficulties," as used in connection with the granting of
a variance, means that the property owner proposes to use the property in a reasonable
manner not permitted by the zoning ordinance;
new text end the plight of the landowner is due to
circumstances unique to the property not created by the landownerdeleted text begin ,deleted text end new text begin ;new text end and the variance, if
granted, will not alter the essential character of the locality. Economic considerations alone
deleted text begin shalldeleted text end new text begin donew text end not constitute deleted text begin an undue hardship if reasonable use for the property exists under
the terms of the ordinance. Undue hardship also includes
deleted text end new text begin practical difficulties. Practical
difficulties include
new text end , but deleted text begin isdeleted text end new text begin arenew text end not limited to, inadequate access to direct sunlight for solar
energy systems. Variances shall be granted for earth sheltered construction as defined in
section 216C.06, subdivision 14, when in harmony with the ordinance. The board of
appeals and adjustments or the governing body as the case may be, may not permit as a
variance any use that is not deleted text begin permitteddeleted text end new text begin allowednew text end under the new text begin zoning new text end ordinance for property in
the zone where the affected person's land is located. The board or governing body as the
case may be, may permit as a variance the temporary use of a one family dwelling as a two
family dwelling. The board or governing body as the case may be may impose conditions
new text begin and mitigating requirements new text end in the granting of variances to insure compliance deleted text begin anddeleted text end new text begin ,new text end to
protect adjacent propertiesnew text begin , and to protect the public health, safety, or the environmentnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end