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PCAgenda_05Feb22
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PCAgenda_05Feb22
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7/22/2009 9:14:16 AM
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Randy Nelson, et al., Respondents, vs. Wilson Townshop Board of Adjustments, et al... (2002) page 3 <br />decision are legally sufficient and have a factual basis. Nolan v. City of Eden Prairie, <br />• 610 N.W.2d 697, 701 (Minn. App. 2000), review denied (Minn. July 25, 2000). <br />Morgan argues that the board's decision was reasonable and not arbitrary or <br />capricious because (1) the board considered the criteria set forth in the variance provision <br />of the Wilson Township Zoning, Planning, and Building Ordinance that relates to <br />variances and (2) the board's decision satisfies Minn. Stat. § 394.27, subd. 7 (2002), <br />which defines a "hardship" for which a variance may be granted. Section 506.1 of the <br />Wilson Township Zoning, Planning, and Building Ordinance provides that a variance <br />may be granted only in the event that the following circumstances exist: <br />(1) Exceptional or extraordinary circumstances <br />apply to the property which do not apply generally to other <br />properties in the same zone or vicinity, and results from lot <br />size or shape, topography, or other circumstances over which <br />the owners of property since enactment of this Ordinance <br />have had no control. <br />• (2) That literal interpretation of the provisions of <br />this ordinance would deprive the applicant of rights enjoyed <br />by other properties in the same district under the terms of this <br />Ordinance. <br />(3) That the special conditions or circumstances do <br />not result from the actions of the applicant. <br />(4) That granting the variance requested will not <br />confer on the applicant any special privilege[s] that are denied <br />by this Ordinance to owners of the other lands, structures, or <br />buildings in the same district. <br />(5) The variance requested is the minimum <br />variance which would alleviate the hardship. <br />(6) The variance would not be materially <br />detrimental to the purpose of this Ordinance, or to property in <br />the same zone. <br />(7) Economic conditions or circumstances alone <br />shall not be considered in the granting of a variance request. <br />
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