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· ZONING
<br />
<br />.', it it not
<br />~t a permit
<br />or outside
<br />within any
<br />~s not give
<br />es thereon,
<br />h interests
<br />~ without a
<br />
<br />.e board of
<br />e owner of
<br />. the board
<br />3roperty of
<br />mot yield a
<br />lancing the
<br />and of the
<br />the use of
<br />-equlred by
<br /> equired by
<br />per once at
<br />djustments
<br />:ommission
<br />~e board to
<br />)roceedings
<br />:traits shall
<br />The board
<br />extent and
<br />
<br />19S6, c. 444.
<br />~ing convey-
<br />
<br />in effect that
<br />ali~' right to
<br />map without ...
<br />owner may
<br />[ street after ~--
<br />~I. Op.Atty.
<br />
<br /> to 471.33] is
<br /> id.
<br />
<br /> constitution- .~.
<br />
<br /> ekher be per- -_
<br /> ~ by use of
<br /> ,nconforming
<br />
<br /> 2 295 Minn.
<br />
<br />PLANNING, ZONING
<br />
<br />cally beneficial did not overcome presumption
<br />that legislative body acted reasonably and in
<br />manner consistent with general welfare in re-
<br />fusing to rezone to permit construction of build-
<br />ing to house earth-moving equipment which had
<br />been kept in open as nonconforming use. Id.
<br /> If land cannot be used for residential purposes
<br />as zoned, it may be unconstitutional taking with-
<br />out due process to deny rezoning. Id.
<br /> The powers of the board of appeals and adjust-
<br />meats are set forth in § 462.357, suM. 6, and
<br />subd. 4 of this iection, and the intent of
<br />§ 462.354, subd. 2, can be accomplished only by
<br />reference to § 4(12.357, subd. 6. Op. Atty. Gen.,
<br />59a-32 (Gr.; 5), Jan. 13, 19(16. In this opinion
<br />the Attorney General stated:
<br /> "A review of the Senate Journal discloses that
<br />the original bill, introduced in the Senate as S.F.
<br />= 826, carried the provisions, now appearing as
<br />§ 7 [462.357], subd. 6, in § 7, subd. 5. A (new)
<br />subd. 5, applicable only to cities of the first
<br />class, was introduced b~fore the Committee of
<br />the Whole on May 12, 1965, at which time the
<br />previous subd. 5 was renumbered as subd. 6.
<br />Senate Journal, page 1696. The Committee inad-
<br />vertently failed to correct the reference to (for-
<br />mer) subd. 5, which occurs in § 4 [462.354], subd.
<br />2.
<br /> "We conclude the intention of the legislature
<br /> was that § 4, subd. 2 relate to a subdivision
<br /> originally numbered 5 and later renumbered 6.
<br /> Section 4, subd. 2 should therefore be interpret-
<br /> ed to read in part as follows: "The board shall
<br />
<br />§ 462.3595
<br />
<br />have the powers set forth in section 7, subdivi-
<br />sion 6 and section 9, subdivis'on 4."
<br /> If city adopts a city planning program it may
<br />then regulate, as permitted by statutory provi-
<br />sions, the location and dimensions of streets and
<br />alleys, their grades, and drainage. Op.Atty.
<br />Gen., 59-A-0~, Feb. 3, 1954.
<br />
<br />2. Restrictions on filing and recording con-
<br />
<br /> A city commission could only restrict the con-
<br />vevance of part of an existing lot in accordance
<br />wi~.h the terms of subd. 2 of § 471.29. Op.Atty.
<br />Gen., 59-A-o-, May 11, 1965.
<br /> Insofar as § 505.47 'is irreconcilable with
<br />§ 471.29, § 508.47 is a special provision relating
<br />to registered land and prevails. Op. Atty. Gen.,
<br />373-b-15, April 28, 1960.
<br /> The governing body of a municipality where
<br />platting regulations are in force would not have
<br />to approve a conveyance cf land described by
<br />reference to a registered land survey, under
<br />§ 471.29, wherein the land conveyed was less
<br />than two and one-half acres in area and 150 feet
<br />in width. Id.
<br /> The district court and not a municipality is the
<br /> super~'isor and director of registered titles. Id.
<br /> The words "metes and bounds" within the
<br /> prohibition of sub& 2 of § 471.29 does not refer
<br /> to descriptions such as "The East 25' of Lot 6".
<br /> Op.Atty. Gen., 477-A, May 9, 1956.
<br />
<br />462.3595. Conditional 9se permits
<br /> Subdivision 1. Authority. The governing body may by ordinance designate Certain
<br />types of developments, including planned unit developments, and certain land develop-
<br />meat activities as conditional uses under zoning re~alations. Condklonal uses may be
<br />approved by the governing body or other designated authori%' by a showing by the
<br />applicant that the standards and criteria stated in the ordinance will be satisfied. The
<br />standards and criteria shall include both general requirements for all conditional uses, and
<br />insofar as practicable, requirements specific to each designated conditional use.
<br /> Subd. 2. Public hearings. Public hearings on the granting of conditional use permits
<br />shall be held in the manner provided in section 462.357, subdivision 3.
<br /> Subd. 3. Duration. 'A conditional use permit Shall remain in effect as long as the
<br />cbnditions agreed upon are observed, but nothing in this section shall prevent the
<br />municipality from enaczing or amending official controls to change the status of condition-
<br />al uses..
<br /> Subd. 4. Filing of permit. A certified copy of any conditional use permit shall be
<br />filed with the county recorder or registrar of titles of the county or counties in which the
<br />municipality is located for record. The conditional use permit shall include the legal
<br />description of the property included.
<br />Laws 1982, c. 507, § 25, off. Jan. 1, 1982.
<br />
<br />:czed simila~: '~' Notes of Decisions
<br />~.nt land anCl ~': Library References
<br />
<br /> which waS. ' .... Zoning and Planning ~:=382. Parking, standards and criteria 4
<br /> be aestheti'~t C.J.S. Zoning and Planning §§ 195 to 197. Purpose 2
<br /> 143
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