Laserfiche WebLink
CNAPTEI~. i 0 <br /> <br />Slat, ~ -t62.358. ~;uod. 3b <br /> <br />Minn. Stat. ~ 4(Y' j~4, suod. 2 <br />and 462.357. subd $ <br /> <br />£u~ur v. Cio., ql"~urn,~.,illc,. 295 <br />N.W2d609(MUm 1980). <br /> <br />Mime. &at. ~ 462.3S~. subd. ~ <br />643 N.W 2d ~23 ('M~nn Ct <br /> <br />~46 N W.Zd gl 7 (Minn. CL <br />Apg. gg9~. <br /> <br />36~ N3~ 2d 624 ~{hl~. CL. <br />App. [9~5~. <br /> <br />,;O,ron , Ci0, q[PO:mo.d~. 362 <br />N W 2'J 2] ~Jll}ll Ci. k!)P-Apl' <br /> <br />i ~. ~ °07). ul~d. ~ 8 l N.W 2d <br />81~Mmn !g98'~ <br /> <br />There are other time limits and-mqgirements contained in the'Municipal <br />Planning Act, and there may be similar time provisions in the zoning <br />ordinance. The 60-day rule generally supersedes those dine !irnits and <br />requirements, except that it does not apply to subdivision and plat approvals. <br /> <br />Cities should adopt a procedure or se[ of procedures to ensure planning staff, <br />~he planning commission, and the city council follow the 60-day rule. City <br />st~ff shouid develop a timetable and guidelines to ensure no application is <br />deemed approved because the ci~ couid not act fast enough to cornpiete the <br />review process. In many situations, it may be necessary to extend the 60-day <br />period. Notice to tire applicant of the extension should be given early in tl~e <br />firs~ 60-day period it' a delay appears possible. <br /> <br />Vii. Variances from the zoning <br /> Ordinance <br /> <br />Variances can only be granted by the Board oF Appeals and Adjustments. <br />which may be a separate board, by the planning cornmission, or by the <br />council. When ~ city has a zoning ordinance, it must, by ordinance, create a <br />Board of Appeals and Adjusrments whose powers are specified by taw. The <br />Board must foiiow ~he law when granting or denying variances. <br /> <br />A variance is permission to vary from literal provisions of the zoning <br />ordinance in instances where their strict enf'orcement would cause undue <br />irardship because of circumstances tmique to the individual property under <br />consideration. A request for a variance fi'om ..',he zoning ordinances will be <br />granted upon showing undue hardship to a landowner in a unique situation. <br />"Undue hardship" is specifically defined by law and generally means the <br />property cannot be put to a reasonable use if: the conditions of the zoning <br />ordinances are followed; tire landowner~s pardcuiar circumstances are unique <br />and not self-created: and. grantMg a variance will no~ alter the essential <br />character of the iocal i%'. Economic hardship alone will not constitute undue <br />hardship it' some' reasonable use~ exists under, the terms of the zoning <br />ordinance. However. practical difficulties may,iust-ii¥ a variance, and <br />Functional and aes'd~efic considerations may be taken into account. The Board <br />of' Appeals and Adjustments should review the law concerning variances <br />before a variance is granted <br /> <br />V~riances are to be granmd only if strict entbrcement of a zoning ordinance <br />causes undue hardsMp. A landowner who purchased [and knowing a variance <br />would be. necessary in order to mal,:e the property buildable is not barred from <br />requesting a variance on tire grounds the iqardship ',,vas self-impose& <br /> <br />Tius ,,:aapter iast re,.,ised 0;'2qt_~004 <br /> <br />H.,\NI)IiOOK FOR ~IlNNESOT~. CiTlt~S <br /> <br />88 <br /> <br /> <br />