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CHAPTER <br /> <br />Mrna Stat 5 4(02.35g. subd z <br /> <br />Mirm Stat..~ 40".359. subd 3 <br /> <br />;, -'e L[tl~O.'e.':lv fi)e!' r-orp. 567 <br />Fi W 2d 743 iNImn <br /> <br />(MUm <br /> <br />Mmn Stat. :-:' ~(,2.350 subd 2 <br /> <br />The city's land use ordinance simuid require prospective builders to furnish a <br />plan showing the location of their property with ref'erence to the nearest <br />existing streets and property lines in order to meet set-back requirements. <br />any proposed building wou]d encroach on iand the city reserves for pubIic <br />purposes, the council shouid deny the permit. It' the council denies the permit, <br />the appiicant must have an opportunity to appeal the board of adjustments <br />and appeais. <br /> <br />A~er the appeal and a pubiic hearing, the board must grant a permit oniy if it <br />finds that the entire property cannot yie{d a reasonable return to the owner, <br />uniess the city aliows the building. <br /> <br />,'khe',' balancing the integrity of' the oi:1'%iai map and other city pians with the <br />interest oi-'the property owner, considerations indicate the permit shot,'id be <br />grante6. <br /> <br />if the board grants ~he permit, it must specify the exact location, ground area. <br />heiglqt, and al! other details of r. he building in question. If the board grants the <br />permit, the council h~ six mon~:hs to acquire the affected properu~. {f the <br />council does not act within six months, the permit shail be issued provided <br />the application complies with alt other ordinances. <br /> <br />Official maps do not give a ci'ty any right to acquire the are~ reserved on the <br />map witiqout payment oFcompensation. When the city is ready to proceed <br />with the opening of a mapped street, or fl~e widening and extension of <br />existing mapped streets, it' still must acquire the properly by gi~. purchase, or <br />condemnation. It need not, however, pay ~br any building or other <br />improvement erected on the [and without a permit or in vioiation o(the <br />conditions of dqe permit. <br /> <br />When a city accepts dedication ofla roadway designated in its official map, <br />and ~he roadway is used before and a~:er the dedication, the city forgoes the <br />discretion to refuse use pr maintenance of ti~e roadway. No resolution or <br />ceremon) is necessary to signify the road is open. <br /> <br />A. Procedural steps in adopting an official <br /> map <br /> <br /> · The planning agency or commission prepares and adopts a major <br /> ti~oroughfar~ pian and community facilitates pian as par~ of ti~e <br /> comprei~ensive plan. <br /> <br />· The agency prepares an official map and recommendations to the councii. <br /> <br />· The council i~oids a public hearing alker I0 days published notice in the <br /> officiai newspaper. <br /> <br />i6-3o <br /> <br />i-JAi~OBOOK !:,-il~ ~VII,NNESO [.-\ (~';TIES <br /> <br />102 <br /> <br /> <br />