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HF52 FIRST ENGROSSMENT REVISOR KS H0052-1 <br />This Document can be made available Printed <br />in alternative formats upon request State of Minnesota Page No. 16 <br />HOUSE OF REPRESENTATIVES <br />EIGHTY-SEVENTH <br />SESSION <br />HOUSE FILE No. 52 <br />January 10, 2011 <br />Authored by Peppin, Smith, Nelson, Mahoney, westrom and others <br />The bill was read for the first time and referred to the Committee on Government Operations and Elections <br />February 24, 2011 <br />Committee Recommendation and Adoption of Report: <br />To Pass as Amended <br />Read Second Time <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 <br />1.8 shall have the exclusive power to order the issuance of variances from the terms of any <br />1.9 official control including restrictions placed on nonconformities. Variances shall only be <br />1.1 o permitted when they are in harmony with the general purposes and intent of the official <br />1.11 control is i aow vv c dick particulai haidaihip in the 'way f <br />1.12 wax.), :..6 Gut thy, striet hate. iiiy � fciul c�ii r and when the terms of the variance <br />1.13 are consistent with the comprehensive plan. slur" as used ii� connection with the <br />1.14 <br />1.15 if used under the eonditi,.is alliwcd by la., off c:ul c� 1t�.1.s; the �.ig11t the landowner <br />1.16 F,GI ✓y by the <br />1.17 u.r;‘,,iicc, if granted, will not alter the woi.it.al eliu a✓.ei vi flit 1 c i1 ty. Variances may be <br />1.18 granted when the applicant for the variance establishes that there are practical difficulties <br />1.19 in complying with the official control. "Practical difficulties," as used in connection with <br />1.20 the granting of a variance, means that the property owner proposes to use the property in a <br />1.21 reasonable manner not permitted by an official control; the plight of the landowner is due <br />1.22 to circumstances unique to the property not created by the landowner; and the variance, <br />1.23 if granted, will not alter the essential character of the locality. Economic considerations <br />1.24 alone do not constitute a hardship if u ftLc N.GNc_Cty gists undcr <br />Section 1. 1 <br />