PL PACKET 03212006 - Laserfiche WebLink

Home Browse Search

CHAPTER 15 • The city's land use ordinance should require prospective builders to furnish a plan showing the location of their property with reference to the nearest existing streets and property lines in order to meet set-back requirements. If any proposed building would encroach on land the city reserves for public purposes,the council should deny the permit. If the council denies the permit, the applicant must have an opportunity to appeal the board of adjustments and appeals. After the appeal and a public hearing, the board must grant a permit only if it finds that the entire property cannot yield a reasonable return to the owner, unless the city allows the building. After balancing the integrity of the official map and other city plans with the interest of the property owner, considerations indicate the permit should be granted. Minn.Stat.§462.359,subd.4. If the board grants the permit, it must specify the exact location,ground area, height, and all other details of the building in question. If the board grants the permit,the council has six months to acquire the affected property. If the council does not act within six months,the permit shall be issued provided the application complies with all other ordinances. Minn.Stat.§462.359,subd.3. Official maps do not give a city any right to acquire the areas reserved on the map without payment of compensation. When the city is ready to proceed • with the opening of a mapped street, or the widening and extension of existing mapped streets, it still must acquire the property by gift,purchase, or condemnation. It need not,however,pay for any building or other improvement erected on the land without a permit or in violation of the conditions of the permit. In re Lgfqvette Dev.Corp.,567 When a city accepts dedication of a roadway designated in its official map, N.W.2d 743(Minn.Ct.App. and the roadway is used before and after the dedication,the city forgoes the 1997),aff'd,567 N.W.2d 740 (Minn.1988). discretion to refuse use or maintenance of the roadway.No resolution or ceremony is necessary to signify the road is open. Minn.Stat.§462.359,subd.2. A. Procedural steps in adopting an official map • The planning agency or commission prepares and adopts a major thoroughfare plan and community facilitates plan as part of the comprehensive plan. • The agency prepares an official map and recommendations to the council. • The council holds a public hearing after 10 days published notice in the official newspaper. 15-32 HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/15/2004