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H.F. No. 52, 2nd Engrossment - 87th Legislative Session (2011-2012) Page 1 of 2 <br /> • Legislature Home I Links to the World I Help I Advanced Search <br /> AIt „Minnesota=House,of 3Representatirres <br /> House I Senate I Joint Departments and Commissions I Bill Search and Status I Statutes,Laws,and Rules <br /> H.F.No.52,2nd Engrossment-87th Legislative Session(2011-2012) Posted on Apr 29, 2011 <br /> 1.1 A bill for an act <br /> 1.2 relating to local government;providing for variances from city,county,and town <br /> 1.3 zoning controls and ordinances;amending Minnesota Statutes 2010,sections <br /> 1.4 394.27,subdivision 7;462.357,subdivision 6. <br /> 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: <br /> 1.6 Section 1.Minnesota Statutes 2010,section 394.27,subdivision 7,is amended to read: <br /> 1.7 Subd.7.Variances;hardship practical difficulties.The board of adjustment shall <br /> 1.8 have the exclusive power to order the issuance of variances from the terms requirements <br /> 1.9 of any official control including restrictions placed on nonconformities.Variances shall <br /> 1.10 only be permitted when they are in harmony with the general purposes and intent of the <br /> 1.11 official control <br /> 1.12 ,and when the-terrtts-ef <br /> 1.13 the val iartee variances are consistent with the comprehensive plan. <br /> 1.14 <br /> 1.15 <br /> 1.16 <br /> 1.17 if <br /> >mid Hie vitlimiee, gimited, <br /> 1.18 Variances may be granted when the applicant for the variance establishes that there <br /> 1.19 are practical difficulties in complying with the official control."Practical difficulties," <br /> 1.20 as used in connection with the granting of a variance,means that the property owner <br /> 1.21 proposes to use the property in a reasonable manner not permitted by an official control; <br /> 1.22 the plight of the landowner is due to circumstances unique to the property not created by <br /> 1.23 the landowner,and the variance,ifrg anted,will not alter the essential character of the <br /> 1.24 locali .Economic considerations alone shall•do not constitute <br /> 2.1 ase fat the pi ovei ty exists mida Hie tei nis of die ot din u=practical difficulties.Practical <br /> 2.2 difficulties include,but are not limited to,inadequate access to direct sunlight for solar <br /> 2.3 energy systems.Variances shall be granted for earth sheltered construction as defined in <br /> 2.4 section 216C.06,subdivision 14,when in harmony with the official controls.No variance <br /> 2.5 may be granted that would allow any use that is prehibited not allowed in the zoning <br /> 2.6 district in which the subject property is located.The board of adjustment may impose <br /> 2.7 conditions in the granting of variances te.A condition must be directly related to and must <br /> 2.8 bear a rough proportionality to the impact created by the variance <br /> 2.9 <br /> 2.10 <br /> 2.11 EFFECTIVE DATE.This section is effective the day following final enactment. <br /> 2.12 Sec.2.Minnesota Statutes 2010,section 462.357,subdivision 6,is amended to read: <br /> 2.13 Subd.6.Appeals and adjustments.Appeals to the board of appeals and <br /> 2.14 adjustments may be taken by any affected person upon compliance with any reasonable <br /> 2.15 conditions imposed by the zoning ordinance.The board of appeals and adjustments has <br /> 2.16 the following powers with respect to the zoning ordinance: <br /> 2.17 (1)To hear and decide appeals where it is alleged that there is an error in any <br /> 2.18 order,requirement,decision,or determination made by an administrative officer in the <br /> 2.19 enforcement of the zoning ordinance. <br /> 2.20 (2)To hear requests for variances from the <br /> https://www.revisor.mn.gov/bin/bldbill.php?bill=H0052.2.html&session=1s87 5/13/2011 <br />