05-12-11-Planning Comm. Agenda - Laserfiche WebLink

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H.F. No. 52, 2nd Engrossment - 87th Legislative Session (2011 -2012) Posted on Apr 29, 2011 1.lAbillforanact 1 2relating to local government; providing for variances from city, county, and town 1.3zoning controls and ordinanees;amending Minnesota Statutes 2010, sections 1.4394.27, subdivision 7; 462.357, subdivision 6. 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.12 Sec. 2. Minnesota Statutes 2010, section 462.357, subdivision 6, is amended to read: 2. 13 Subd. 6. Appeals and adjustments. Appeals to the board of appeals and 2. 14adjustments may be taken by any affected person upon compliance with any reasonable 2. 15conditions imposed by the zoning ordinance. The board of appeals and adjustments has 2.1 6the following powers with respect to the zoning ordinance: 2.17(1) To hear and decide appeals where it is alleged that there is an error in any 2. 18order, requirement, decision, or determination made by an administrative officer in the 2. 19enforcement of the zoning ordinance. 2.20(2) To hear requests for variances from the 2.21 2.22circumstances unique to the individual property under consideration, and to grant such 2. 23variances only when it is demonstrated that such actions will be in keeping with the spirit 2. 24and intent of the ordinance. "Undue hardship" as used in connection with the granting of a 2.2 2.2. s • . . • - . . , requirements of the zoning ordinance including 2.27restrictions placed on nonconformities. Variances shall only be permitted when they are in 2.28harmon with the _eneral .ur•oses and intent of the ordinance and when the variances are 2. 29consistent with the comprehensive plan. Variances may be granted when the applicant for 2. 30the variance establishes that there are practical difficulties in complying with the zoning 2. 3/ordinance. "Practical difficulties," as used in connection with the granting of a variance, 2. 32means that the property owner proposes to use the property in a reasonable manner not 2. 33permitted by the zoning ordinance; the plight of the landowner is due to circumstances 2. 34unique to the property not created by the landowner;; and the variance, if granted, will not 2. 35alter the essential character of the locality. Economic considerations alone shal4 do not 3. /constitute an undue hardship if reasonable use for the property exists under the terms of 3.2 _ .. .. practical difficulties. Practical difficulties 3. 3include, but is are not limited to, inadequate access to direct sunlight for solar energy 3. 4systems. Variances shall be granted for earth sheltered construction as defined in section 3.5216C.06, subdivision 14 , when in harmony with the ordinance. The board of appeals and