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Key: (1) language to be deleted (2) new language

CHAPTER 19--H.F.No. 52

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 deleted text begin termsdeleted text end new text begin requirementsnew text end 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 deleted text begin the terms ofdeleted text end the deleted text begin variancedeleted text end new text begin variancesnew text end 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 ordinancedeleted text end new text begin practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systemsnew 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 in the granting of variances deleted text begin todeleted text end new text begin . A condition must be directly related to and must bear a rough proportionality to the impact created by the variancenew text end deleted text begin insure compliance and to protect adjacent properties and the public interestdeleted 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 requirements 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 variances 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 includesdeleted text end new text begin practical difficulties. Practical difficulties includenew 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 in the granting of variances deleted text begin to insure compliance and to protect adjacent properties.deleted text end new text begin . A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.new 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

Presented to the governor May 2, 2011

Signed by the governor May 5, 2011, 3:03 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes