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§ 462.359 PLANNING, ZONING .
<br />
<br /> interests in lands for other public purposes are .acquired by the municipality, it is not
<br /> required in such proceedings to pay for any building or structure placed without a permit
<br /> or in violation of conditions of a permit within the limits of the mapped street or outside
<br /> of any building line that may have been established upon the existing street or within any
<br /> area thus identified for public purposes. The-adoption of an official map does not~
<br /> the municipal ty any right, title~ or interest in areas identified for public purposes thereon,
<br />- acio t~on oI th~ does authorize the murAcipality to acquire such intere~¼
<br />_b. ut the p _ m.~-P-~ ~._ la; ..... ~trnrtnv~ o,oet~d in such areas without a
<br />without~av~ng compensaUon ~or.~.unum ~ ~, -
<br />~er~]t or in violatmn of the conditions of a permit.
<br />Subd. 4. Appeals. If a permit for a building in such location is denied, the board of
<br />appeals and adjustments shall have the power, upon appeal filed with it by the owner of
<br />the land, to grant a permit for building in such location in any case in which the board
<br />finds, upon the evidence and the arguments presented to it, (a) that the entire property of
<br />the appellant of which such area identified for public purposes forms a part cannot yield a
<br />reasonable return to the owner unless such a permit is granted, and (b) that balancing the
<br />interest of the municipality in preserving the integrity of the official map and of the
<br />comprehensive municipal plan and the interest of the owner of the property in the use of
<br />the property and in the benefits of ownership, the grant of such permit is required by
<br />considerations of justice and equity· In addition to the notice of hearing required by
<br />section 462.354, subdivision 2, a notice shall be published in the official newspaper once at
<br />least ten days before the day of the hearing. If the board of appeals and adjustments
<br />authorizes the issuance of a permit the governing body or other board or commission
<br />having jurisdiction shall have six mont_~s_ifrom the date of the decision of the board to
<br />institute proceedings to acqulre suc~'~'h~or interest therein, and if no such proceedings
<br />are started within that time, the officer responsible for issuing building permits shall
<br />issue the permit if the application otherwise conforms to local ordinances. The board
<br />shall specify the exact location, ground area, height and other details as to the extent and
<br />character of the building for which the permit is granted·
<br />Laws 1965, c. 670, 9 9, elf. Jan. 1, 1966. Amended by Laws 1976, c. 181, § 2; Laws 1986, c. 444.
<br />
<br />1976 Amendment. Changed the title of reg-
<br />ister of deeds to count3.' recorder.
<br /> 1986 Amendment. Laws 1986, ¢. 444, § 1,
<br />removed gender specific references applicable to
<br />human beings throughout Minn. Stats. by adopt-
<br />ing by reference proposed amendmentS for such
<br />revision prepared by the revisor of statutes pur-
<br />suant to Laws 1984, c. 480, § 21, and codified
<br />and filed wifn the secretaw of state on Jan. 24,
<br />1986. Section 3 of Laws 1986, c. 444, provides
<br />that the amendments "do not cha~ge the sul>
<br />stance of the statutes amended."
<br />
<br />Prior Law:
<br /> S;.196L § 471.28.
<br /> Laws 1945, c. 287, 9 1.
<br /> St. Supp.1940, § 1933-70.
<br /> Laws 1937, c. 2S7, 9 3.
<br />
<br />Library References
<br /> Municipal Corporations c~41, 42, 621, 650.
<br /> C.J.S. Municipal Corporations 99 83, $4, 167 to
<br /> 175, 165~.
<br /> C-J.S. Zoning §§ 219 to 249.
<br />
<br /> Notes of Decisions
<br />Construction and application
<br />
<br />Restrictions on filing and recording convey-
<br /> antes 2
<br />Validity '
<br />
<br /> 1/:. Validity
<br /> That part of §' 471.28 providing in effect that
<br /> the adoption of a plan gives municipality right to
<br /> secure streetS or lanes indicated on map without
<br /> paying for any improvement that owner may
<br /> have constructed on bed of mapped street after
<br /> adoption of plan, is unconstitutional. Op.Atty.
<br /> Gen., 59-A, July 27, 1944.
<br /> The city planning law [§§ 471.26 to 471.33] is
<br /> not unconstitutional in its entireW. Id.
<br />
<br /> I. Construction and application
<br /> Resid.ential zoning ordinance may constkution-
<br /> allv nronibit creation of nonconforming uses but
<br /> existing nonconforming uses must ekher be per-
<br /> mitred to remain or be el!mina'md by use of
<br /> eminent domain; preexist:ng nonconforming
<br /> uses need not be allowed to expand or enlarge.
<br /> Freeborn County v. Claussen, 1972, 295 Minn.
<br /> 96, 203 N.W.2d 323.
<br /> That defendant's brother conducted similar
<br /> nonconforming business on adjacent land and
<br /> that enclosing within building that which was
<br /> formerly performed in open would be aestheti-
<br />142
<br />
<br /> )~cally beneficial t
<br /> ~ that legislative I
<br /> · manner eonsiste~
<br /> fusing to rezone
<br />
<br /> r
<br /> lng to hous.e earl,
<br /> kept in op.
<br />If land cannot
<br />s zoned, it ma}'
<br />k~' out due process
<br />!~.. The powers et
<br />.i~i' merits are set f
<br />~:.."subd. 4 of th
<br /> ~'" 9 452.354, subd
<br /> ~'. reference to §
<br /> ~': 59a-32 (Gr. r. 5
<br /> ¢~ the Attorney G,
<br /> ;5. "A review of
<br /> the omgmal bfl,
<br /> ~: "826 carried'
<br />
<br /> subd. 5, apphr
<br /> ~ . class, was iht:
<br /> '5' the Whole on
<br /> .!~. previous suhd.
<br /> Senate Journal
<br /> vertently faile
<br /> mcr) suM. 5, r
<br /> 2.
<br /> "We conolu~
<br /> was that § 4.
<br /> " originally nut
<br /> ~: SectiOn 4, su'.'
<br /> '. ed to read in
<br />
<br /> 462.3595- (
<br /> Subdivisi
<br /> types of &
<br /> ment aetiv!'
<br /> approved ?
<br /> applicant t!
<br /> standards ~
<br /> insofar as '
<br /> Sub& 2.
<br /> shall be h
<br /> subd ~
<br /> conditions
<br /> municipal!
<br /> al uses..
<br /> Subd. 4
<br /> filed with
<br /> municipal
<br /> descmp
<br />
<br /> Laws 19Si
<br />
<br />Libra~' 1:
<br />Zoning
<br />C.J.$-;
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