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PCAgenda_05Feb22
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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 5 <br />2. Deprivation of Rights <br />• A grant of a variance under section 506.1 also requires that a literal interpretation <br />of the ordinance would deprive the applicant of rights enjoyed by other properties in the <br />same zoning district. The board found that a literal interpretation of the ordinance would <br />deprive Morgan and Holmay of rights enjoyed by other properties in the same district <br />because, apart from the parcel at issue here, there are multiple non-farm dwellings per <br />quarter-quarter section of land in the ANR district. The record supports that finding. <br />3. Special Conditions/Circumstances Not Result of Actions of Applicant <br />Section 506.1 further requires that the special conditions or circumstances do not <br />result from actions of the applicant. The board found that the circumstances are the result <br />of the natural condition of the land and not of the actions of Holmay or Morgan, and <br />nothing in the record suggests otherwise. <br />4. Special Privileges <br />Under section 506.1, a grant of a variance may not confer on the applicant any <br />• special privilege not enjoyed by owners of the other lands, structures, or buildings in the <br />same district. The board found that, because there are multiple non-farm dwellings per <br />quarter-quarter section of land in the ANR district, granting the variance would confer no <br />special privileges on Morgan and Holmay. As noted earlier, the record shows that there <br />are multiple non-farm dwellings per quarter-quarter section of land in the ANR district. <br />5. Minimum Variance <br />Section 506.1 requires that the variance requested is the minimum variance that <br />would alleviate the hardship. The board found that Morgan and Holmay requested the <br />minimum variance because most of the land is unsuitable for agriculture or for any of the <br />conditional uses for ANR land permitted by the zoning ordinance. To comply with the <br />requirements for hardship set forth in Minn. Stat. § 394.27, subd. 7, it must be shown that <br />(1) a property owner wants to use property in a reasonable manner that is prohibited by <br />the zoning ordinance, (2) there are circumstances unique to the property that were not <br />created by the landowner, and (3) granting the variance will not alter the essential <br />i character of the locality. Rowell, 446 N.W.2d at 922. <br />
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