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PCAgenda_05Feb22
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Randy Nelson, et al., Respondents, vs. Wilson Townshop Board of Adjustments, et al... (2002) page 2 <br />FACTS <br />• Appellant Dean Morgan agreed to bu ,and Thomas Holma a eed to sell 2 <br />Y y gr , 1 <br />acres of land zoned "Agricultural-Natural Resource" (ANR). The purchase agreement <br />was contingent on Morgan receiving a variance to allow the division of the property into <br />three building sites. Morgan and Holmay jointly applied to the Wilson Township Board <br />of Adjustment for a variance from Wilson Township Zoning, Planning, and Building <br />Ordinance § 603.2(13) (1996), which provides that no more than a single "one (1) family <br />or a single two (2) family non-farm dwelling[ ] * * * shall be allowed per quarter-quarter <br />section of land (approximately 40 acres) * * * ." Morgan and Holmay sought a variance <br />to allow construction of three non-farm dwellings after dividing the land into two five- <br />acre parcels and one 11-acre parcel. After public hearings, the board granted the <br />variance. <br />Respondents challenged the grant of a variance in the district court. After a <br />hearing, the district court issued an order "vacating and annulling" the grant of the <br />• variance, concluding that (1) there were no exceptional circumstances that make the land <br />unsuitable for permitted uses and (2) the board's "[f]ailure to consider a single dwelling <br />as a `reasonable use' * * * prevents a reasonable determination that a `hardship' warrants <br />a variance * * * ." This appeal follows. <br />DECISION <br />Appellate review of zoning decisions is limited to determining whether the local <br />zoning authority's action was reasonable. Honn v. City of Coon Rapids, 313 N.W.2d <br />409, 416-17 (Minn. 1981). This court will set aside the local authority's decision if the <br />decision is unreasonable, and reasonableness is measured by the standards set out in the <br />zoning ordinance. Rowell v. Bd. ofAdjustment, 446 N.W.2d 917, 921 (Minn. App. 1989), <br />review denied (Minn. Dec. 15, 1989). We make an independent examination of the local <br />authority's record and decision, without deference to the district court's review of the <br />same record. City of Barnum v. County of Carlton, 394 N.W.2d 246, 248 (Minn. App. <br />1986), review denied (Minn. Dec. 17, 1986). We examine the local authority's decision <br />to determine whether it was arbitrary or capricious or whether the reasons given for the <br />
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