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Editorial: Flexibility needed on variances I StarTribune.com <br />threshold she obviously couldn't reach, <br />because without a second floor, the garage <br />could still serve its original. purpose: storing <br />cars. <br />Weeks after the ruling, the League of <br />Minnesota Cities posted an advisory that, in <br />effect, stopped cities from issuing variances <br />until the Legislature acts. Minneapolis' <br />planning director, Barbara Sporlein, said the <br />ruling is awkward for cities but also has <br />pushed them to reexamine zoning <br />procedures. Perhaps the answer is to move <br />away from variances toward conditional -use <br />agreements, she said, and toward more <br />fornn-based zoning, in which design and <br />community context become more important <br />than defining a property's specific use for <br />residential, commercial or other purposes. <br />Tom G•undhoefer, the League of Cities' <br />general counsel, said he expects a legislative <br />remedy to the impasse next year, probably in <br />the form of more flexibility, although risks <br />always accompany a legislature's digging into <br />municipal procedure. <br />Take, for example, the infamous K.elo case. hi <br />2005, the U.S. Supreme Court sided with the <br />city of New London, Conn., which wanted to <br />use eminent domain for an economic <br />development project. In response, outraged <br />Advertisement <br />Page 2 of 2 <br />0olnt vour'='� <br />x � inotnllebrQ+n�serto <br />. aiFEpr{{s F�rttibune.r_orn <br />property rights advocates convinced state <br />legislatures across the country (including <br />Minnesota's) to severely restrict cities' <br />authority to condemn property. The impact <br />has been to discourage the revival of older <br />cities white pushing development to the <br />periphery, adding to the cost of <br />infrastructure and to the consumption of <br />energy. <br />Our hope is that the Legislature will repair <br />Minnesota's variance law in a way that adds <br />flexibility for cities and towns while striking a <br />fair balance between the rights of property <br />owners and the desire of communities to <br />rebuild and revitalize themselves. <br />JUST DAUB IV <br />FRIDAYS AND SATURDAY 11 p.m., <br />MIDNIGHT AND LAST CALL <br />�)N`(d+^'Jl�m-314�}tFx'.glll]E�Y Et 31L':s.EiS[�.IR%$Ovl:4<eE,.�ll'i1E <br />PAyg+,°c AKE- <br />QAUM0 - HOTEL <br />mystitlakexann., <br />forint powered €3y <br />http://www.stat-tribune.com/opinion/editorials/I 02109084.html?elr=KArksUUUoDEy3LG... 9/27/2010 <br />