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C )�DORSEY- 30 <br />Mr. Michael Morrison <br />May 31, 2011 <br />Page 2 <br />virtually every case since properties generally can be put to some reasonable use without a <br />variance. <br />In response to the Minnesota Supreme Court's decision in Krummenacher v. <br />Minnetonka, the Minnesota Legislature at its 2011 session amended Minnesota Statutes, Section <br />462.357, subd. 6, to change the standard for granting variances from the "undue hardship" <br />standard, to require the applicant to establish that there are "practical difficulties" in complying <br />with the zoning ordinance. "Practical difficulties" is defined as follows: <br />"Practical difficulties" as used in connection with the granting of a variance <br />means the property owner proposes to use the property in a reasonable manner not <br />permitted by the zoning ordinance; the plight of the landowner is due to <br />circumstances unique to the property not created by the landowner; and the <br />variance, if granted, will not alter the essential character of the locality." <br />Currently Section 152.245(C) of the City Code contains the "undue hardship" standard <br />for granting variances, and needs to be updated to provide for the "practical difficulties" standard <br />now contained in Minnesota Statutes, Section 426.357, subd. 6, in order to comply with the <br />current Minnesota law for granting variances. <br />Should you have any questions please give me a call. <br />Yours Truly, n <br />Prom- P. Gilligan <br />JPG/pmh <br />cc: Kim Moore -Sykes <br />DORSEY 8 wrurN1 Y LLP <br />