Bill Text: MN HF52 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: City, county, and town zoning control and ordinance variances provided.
Spectrum: 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-Introduced.html
Bill Title: City, county, and town zoning control and ordinance variances provided.
Spectrum: 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-Introduced.html
1.2relating to local government; providing for variances from city, county, and town
1.3zoning controls and ordinances;amending Minnesota Statutes 2010, sections
1.4394.27, subdivision 7; 462.357, subdivision 6.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 394.27, subdivision 7, is amended to read:
1.7 Subd. 7. Variances;hardship practical difficulties. The board of adjustment
1.8shall have the exclusive power to order the issuance of variances from the terms of any
1.9official control including restrictions placed on nonconformities. Variances shall only be
1.10permitted when they are in harmony with the general purposes and intent of the official
1.11controlin cases when there are practical difficulties or particular hardship in the way of
1.12carrying out the strict letter of any official control, and when the terms of the variance
1.13are consistent with the comprehensive plan."Hardship" as used in connection with the
1.14granting of a variance means the property in question cannot be put to a reasonable use
1.15if used under the conditions allowed by the official controls; the plight of the landowner
1.16is due to circumstances unique to the property not created by the landowner; and the
1.17variance, if granted, will not alter the essential character of the locality. Variances may be
1.18granted when the applicant for the variance establishes that there are practical difficulties
1.19in complying with the official control. "Practical difficulties," as used in connection with
1.20the granting of a variance, means that the property owner proposes to use the property in a
1.21reasonable manner not permitted by an official control; the plight of the landowner is due
1.22to circumstances unique to the property not created by the landowner; and the variance,
1.23if granted, will not alter the essential character of the locality. Economic considerations
1.24aloneshall do not constitute a hardship if a reasonable use for the property exists under
2.1the terms of the ordinance practical difficulties. Practical difficulties include, but are not
2.2limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be
2.3granted for earth sheltered construction as defined in section216C.06, subdivision 14 ,
2.4when in harmony with the official controls. No variance may be granted that would allow
2.5any use that isprohibited not allowed in the zoning district in which the subject property is
2.6located. The board of adjustment may impose conditions and mitigating requirements
2.7in the granting of variances to insure complianceand, to protect adjacent properties, and
2.8the public interest to protect the public health, safety, or the environment. The board
2.9of adjustment may consider the inability to use solar energy systems a "hardship" in
2.10the granting of variances.
2.11EFFECTIVE DATE.This section is effective the day following final enactment.
2.12 Sec. 2. Minnesota Statutes 2010, section 462.357, subdivision 6, is amended to read:
2.13 Subd. 6. Appeals and adjustments. Appeals to the board of appeals and
2.14adjustments may be taken by any affected person upon compliance with any reasonable
2.15conditions imposed by the zoning ordinance. The board of appeals and adjustments has
2.16the following powers with respect to the zoning ordinance:
2.17(1) To hear and decide appeals where it is alleged that there is an error in any
2.18order, requirement, decision, or determination made by an administrative officer in the
2.19enforcement of the zoning ordinance.
2.20(2) To hear requests for variances from theliteral provisions of the ordinance
2.21in instances where their strict enforcement would cause undue hardship because of
2.22circumstances unique to the individual property under consideration, and to grant such
2.23variances only when it is demonstrated that such actions will be in keeping with the spirit
2.24and intent of the ordinance. "Undue hardship" as used in connection with the granting
2.25of a variance means the property in question cannot be put to a reasonable use if used
2.26under conditions allowed by the official controls, terms of the zoning ordinance including
2.27restrictions placed on nonconformities. Variances shall only be permitted when they are in
2.28harmony with the general purposes and intent of the ordinance and when the terms of the
2.29variance are consistent with the comprehensive plan. Variances may be granted when the
2.30applicant for the variance establishes that there are practical difficulties in complying with
2.31the zoning ordinance. "Practical difficulties," as used in connection with the granting of
2.32a variance, means that the property owner proposes to use the property in a reasonable
2.33manner not permitted by the zoning ordinance; the plight of the landowner is due to
2.34circumstances unique to the property not created by the landowner,; and the variance, if
2.35granted, will not alter the essential character of the locality. Economic considerations alone
3.1shall do not constitute an undue hardship if reasonable use for the property exists under
3.2the terms of the ordinance. Undue hardship also includes practical difficulties. Practical
3.3difficulties include, butis are not limited to, inadequate access to direct sunlight for solar
3.4energy systems. Variances shall be granted for earth sheltered construction as defined in
3.5section216C.06, subdivision 14 , when in harmony with the ordinance. The board of
3.6appeals and adjustments or the governing body as the case may be, may not permit as a
3.7variance any use that is notpermitted allowed under the zoning ordinance for property in
3.8the zone where the affected person's land is located. The board or governing body as the
3.9case may be, may permit as a variance the temporary use of a one family dwelling as a two
3.10family dwelling. The board or governing body as the case may be may impose conditions
3.11and mitigating requirements in the granting of variances to insure complianceand, to
3.12protect adjacent properties, and to protect the public health, safety, or the environment.
3.13EFFECTIVE DATE.This section is effective the day following final enactment.
1.3zoning controls and ordinances;amending Minnesota Statutes 2010, sections
1.4394.27, subdivision 7; 462.357, subdivision 6.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 394.27, subdivision 7, is amended to read:
1.7 Subd. 7. Variances;
1.8shall have the exclusive power to order the issuance of variances from the terms of any
1.9official control including restrictions placed on nonconformities. Variances shall only be
1.10permitted when they are in harmony with the general purposes and intent of the official
1.11control
1.12
1.13are consistent with the comprehensive plan.
1.14
1.15
1.16
1.17
1.18granted when the applicant for the variance establishes that there are practical difficulties
1.19in complying with the official control. "Practical difficulties," as used in connection with
1.20the granting of a variance, means that the property owner proposes to use the property in a
1.21reasonable manner not permitted by an official control; the plight of the landowner is due
1.22to circumstances unique to the property not created by the landowner; and the variance,
1.23if granted, will not alter the essential character of the locality. Economic considerations
1.24alone
2.1
2.2limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be
2.3granted for earth sheltered construction as defined in section
2.4when in harmony with the official controls. No variance may be granted that would allow
2.5any use that is
2.6located. The board of adjustment may impose conditions and mitigating requirements
2.7in the granting of variances to insure compliance
2.8
2.9
2.10
2.11EFFECTIVE DATE.This section is effective the day following final enactment.
2.12 Sec. 2. Minnesota Statutes 2010, section 462.357, subdivision 6, is amended to read:
2.13 Subd. 6. Appeals and adjustments. Appeals to the board of appeals and
2.14adjustments may be taken by any affected person upon compliance with any reasonable
2.15conditions imposed by the zoning ordinance. The board of appeals and adjustments has
2.16the following powers with respect to the zoning ordinance:
2.17(1) To hear and decide appeals where it is alleged that there is an error in any
2.18order, requirement, decision, or determination made by an administrative officer in the
2.19enforcement of the zoning ordinance.
2.20(2) To hear requests for variances from the
2.21
2.22
2.23
2.24
2.25
2.26
2.27restrictions placed on nonconformities. Variances shall only be permitted when they are in
2.28harmony with the general purposes and intent of the ordinance and when the terms of the
2.29variance are consistent with the comprehensive plan. Variances may be granted when the
2.30applicant for the variance establishes that there are practical difficulties in complying with
2.31the zoning ordinance. "Practical difficulties," as used in connection with the granting of
2.32a variance, means that the property owner proposes to use the property in a reasonable
2.33manner not permitted by the zoning ordinance; the plight of the landowner is due to
2.34circumstances unique to the property not created by the landowner
2.35granted, will not alter the essential character of the locality. Economic considerations alone
3.1
3.2
3.3difficulties include, but
3.4energy systems. Variances shall be granted for earth sheltered construction as defined in
3.5section
3.6appeals and adjustments or the governing body as the case may be, may not permit as a
3.7variance any use that is not
3.8the zone where the affected person's land is located. The board or governing body as the
3.9case may be, may permit as a variance the temporary use of a one family dwelling as a two
3.10family dwelling. The board or governing body as the case may be may impose conditions
3.11and mitigating requirements in the granting of variances to insure compliance
3.12protect adjacent properties, and to protect the public health, safety, or the environment.
3.13EFFECTIVE DATE.This section is effective the day following final enactment.
