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March 25, 2010 ~ Volume 4 ~ No. 6 Zoning Bulletin <br />Authority-City grants variance request for <br />residence along river bluff <br />State agency refuses to certify variance as required by agency <br />rule <br />Citation: In re Hubbard, 2010 WL 455278 (Minn. 2010) <br />MINNESOTA (02/11/10)-This case addressed the issue of whether <br />Minnesota's Department of Natural Resources had the express or im- <br />plied authority to approve (or disapprove) of a city's grant of a variance. <br />The Background/Facts: In 2006, Robert W. Hubbazd purchased <br />property (the "Property") in the city. The Property had approximately <br />200 feet of frontage along the St. Croix River. <br />Hubbard wanted to build a 10,000 square-foot residence "right up <br />to [the edge of the river] bluff" on the Property: State regulation and city <br />ordinance required new construction generally be at least 40 feet from <br />the bluffline. Hubbard applied to the city for a vaziance from the city's <br />bluffline-setback ordinance (the "Ordinance"). <br />The city's Planning Commission (the "Commission") recommended _ <br />Hubbazd's variance request be denied. Minnesota's Department of Natu- :(~` <br />WESTo <br />670 Opperman Drive • P.O. Box 64526 • St. Paul, MN 551640526 '~ <br />t-800-229-2084 • email: Overt.customerservi<e®thomsonreuters.com • wert.thomson.com/quinlan <br />ISSN 05147905 • ®2010 Thomson Reuters. AI I Rights Reserved. `" <br />QuinlanT• is a Thomson Reuters brand. <br />i <br />2 ©2010 Thomson Reuters <br />40 <br />