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Item 12
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1998
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01-17-1998
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Item 12
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HANDBOOK FOR MINNESOTA CITIES <br /> New time limit requirements S <br /> Minn.Stat.§ 15.99. Local government agencies are required to issue or deny <br /> zoning permits and to approve or deny other land use related <br /> applications within 60 days or they will be deemed approved. <br /> The time period will not begin until the application is <br /> complete,but the determination that an application is <br /> incomplete must be made within 10 days of its submission or <br /> the 60-day time period will begin regardless of the <br /> application's completeness.Within the 60-day period,an <br /> automatic extension of no more than 60 days can be obtained <br /> by providing the applicant written notice containing the reason <br /> for the extension,and specifying how much additional time is <br /> needed. Other extensions are available only with the <br /> applicant's approval. <br /> Variances <br /> A variance is a use that is not generally permitted by the <br /> Lugar v.City of Burnsville,295 zoning ordinances,but which is allowed in special cases only. <br /> N.W.2d 609(Minn. 1980). A request for a variance from the zoning ordinances will be <br /> Minn.Stat.§462.357,subd.6. granted upon a showing of undue hardship to a landowner <br /> who is in a unique situation. "Undue hardship"means that the <br /> Rowell v.Bd.of Adjustment, property cannot be put to a reasonable use if the conditions of • <br /> 446 N.W.2d 917(Minn.App. the zoning ordinances are followed,the landowner's particular <br /> 1989). circumstances are unique and not self-created,and granting a <br /> Hedlund v.City of Maple- variance will not alter the essential character of the locality. <br /> wood,366 N.W.2d 624(Minn. Economic hardship alone will not constitute undue hardship if <br /> App. 1985). some reasonable use exists under the terms of the zoning <br /> ordinance. However,practical difficulties may justify a <br /> variance,and functional and aesthetic considerations may be <br /> taken into account. If the landowner purchased the property <br /> knowing that the zoning ordinances prohibited the use,the <br /> landowner's circumstances are self-created and no variance <br /> should be granted.The board of adjustments and appeals or <br /> the council may impose conditions on variances in their <br /> discretion. <br /> 388 • <br />
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