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H.F. No. 52, 2nd Engrossment - 87th Legislative Session (2011 -2012) 1110052 -2] <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 tcznls 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 thc way of carrying out thc strict letter of any official control, and when thc turns of <br />1.13 the v variances are consistent with the comprehensive plan. "IIata31.i ao uo,a <br />1.14 <br />1.15 <br />1.16 plight of thc landowner is duc to circumstances uniquc to thc property not crcatcd by thc <br />1.17 lcuiJu vv IL!, valtaiiLL, if giaitt.a vv but alt%A tli, . ittlal ihaim.. o uLality. <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, if granted, will not alter the essential character of the <br />1.24 locality. Economic considerations alone ,l.all do not constitute a lrataola4i if a i.vitaal, <br />granting <br />Section 1. 1 <br />property In q <br />