Bill Text: MN HF52 | 2011-2012 | 87th Legislature | Chaptered

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Bill Title: City, county, and town zoning control and ordinance variances provided.

Sponsorship: Slight Partisan Bill (Republican 18-7)

Status: (Passed) 2011-05-09 - Secretary of State Chapter 19 05/05/11 [HF52 Detail]

Download: Minnesota-2011-HF52-Chaptered.html

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CHAPTER 19--H.F.No. 52

An act

relating to local government; providing for variances from city, county,
and town zoning controls and ordinances;amending Minnesota Statutes 2010,
sections 394.27, subdivision 7; 462.357, subdivision 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2010, section 394.27, subdivision 7, is amended to read:
    Subd. 7. Variances; hardship practical difficulties. The board of adjustment shall
have the exclusive power to order the issuance of variances from the terms requirements
of any official control including restrictions placed on nonconformities. Variances shall
only be permitted when they are in harmony with the general purposes and intent of the
official control in cases when there are practical difficulties or particular hardship in
the way of carrying out the strict letter of any official control, and when the terms of
the variance variances are consistent with the comprehensive plan. "Hardship" as used
in connection with the granting of a variance means the property in question cannot be
put to a reasonable use if used under the conditions allowed by the official controls; the
plight of the landowner is due to circumstances unique to the property not created by the
landowner; and the variance, if granted, will not alter the essential character of the locality.
Variances may be granted when the applicant for the variance establishes that there
are practical difficulties in complying with the official control. "Practical difficulties,"
as used in connection with the granting of a variance, means that the property owner
proposes to use the property in a reasonable manner not permitted by an official control;
the plight of the landowner is due to circumstances unique to the property not created by
the landowner; and the variance, if granted, will not alter the essential character of the
locality. Economic considerations alone shall do not constitute a hardship if a reasonable
use for the property exists under the terms of the ordinance practical difficulties. Practical
difficulties include, but are not limited to, inadequate access to direct sunlight for solar
energy systems. Variances shall be granted for earth sheltered construction as defined in
section 216C.06, subdivision 14, when in harmony with the official controls. No variance
may be granted that would allow any use that is prohibited not allowed in the zoning
district in which the subject property is located. The board of adjustment may impose
conditions in the granting of variances to. A condition must be directly related to and must
bear a rough proportionality to the impact created by the variance insure compliance
and to protect adjacent properties and the public interest. The board of adjustment may
consider the inability to use solar energy systems a "hardship" in the granting of variances.
EFFECTIVE DATE.This section is effective the day following final enactment.

    Sec. 2. Minnesota Statutes 2010, section 462.357, subdivision 6, is amended to read:
    Subd. 6. Appeals and adjustments. Appeals to the board of appeals and
adjustments may be taken by any affected person upon compliance with any reasonable
conditions imposed by the zoning ordinance. The board of appeals and adjustments has
the following powers with respect to the zoning ordinance:
(1) To hear and decide appeals where it is alleged that there is an error in any
order, requirement, decision, or determination made by an administrative officer in the
enforcement of the zoning ordinance.
(2) To hear requests for variances from the literal provisions of the ordinance
in instances where their strict enforcement would cause undue hardship because of
circumstances unique to the individual property under consideration, and to grant such
variances only when it is demonstrated that such actions will be in keeping with the spirit
and intent of the ordinance. "Undue hardship" as used in connection with the granting of a
variance means the property in question cannot be put to a reasonable use if used under
conditions allowed by the official controls, requirements of the zoning ordinance including
restrictions placed on nonconformities. Variances shall only be permitted when they are in
harmony with the general purposes and intent of the ordinance and when the variances are
consistent with the comprehensive plan. Variances may be granted when the applicant for
the variance establishes that there are practical difficulties in complying with the zoning
ordinance. "Practical difficulties," as used in connection with the granting of a variance,
means that the property owner proposes to use the property in a reasonable manner not
permitted by the zoning ordinance; the plight of the landowner is due to circumstances
unique to the property not created by the landowner,; and the variance, if granted, will not
alter the essential character of the locality. Economic considerations alone shall do not
constitute an undue hardship if reasonable use for the property exists under the terms of
the ordinance. Undue hardship also includes practical difficulties. Practical difficulties
include, but is are not limited to, inadequate access to direct sunlight for solar energy
systems. Variances shall be granted for earth sheltered construction as defined in section
216C.06, subdivision 14, when in harmony with the ordinance. The board of appeals and
adjustments or the governing body as the case may be, may not permit as a variance any
use that is not permitted allowed under the zoning ordinance for property in the zone
where the affected person's land is located. The board or governing body as the case
may be, may permit as a variance the temporary use of a one family dwelling as a two
family dwelling. The board or governing body as the case may be may impose conditions
in the granting of variances to insure compliance and to protect adjacent properties.. A
condition must be directly related to and must bear a rough proportionality to the impact
created by the variance.
EFFECTIVE DATE.This section is effective the day following final enactment.
Presented to the governor May 2, 2011
Signed by the governor May 5, 2011, 3:03 p.m.