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Item 12
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_Prior to 1999
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1998
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01-17-1998
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Item 12
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CHAPTER 16 <br /> • The board of adjustments and appeals is authorized to grant a <br /> building permit upon finding that the entire property cannot <br /> otherwise yield a reasonable return to the landowner and that a <br /> balancing of interests requires granting the permit. <br /> Interim uses <br /> An interim use is a temporary use of property until a certain <br /> Minn.Stat.§462.355(4). date,or until no longer permitted. Authority for an interim use <br /> is found in the zoning ordinances where conditions for the use <br /> are also specified. Typically, the conditions will require that <br /> the use conforms with the zoning code, a termination date is <br /> certain, no additonal costs to the public will be incurred, and <br /> the user agrees to additional,reasonable conditions imposed by <br /> the council. For example, if a study is being conducted or has <br /> been authorized,or if a hearing has been held or is scheduled, <br /> Duncanson v.Bd.Of <br /> Supervisors,551 N.W.2d 248 or if an annexation has occurred, the council may adopt an <br /> (Minn.App. 1996,rev.denied). interim ordinance that may regulate,restrict or prohibit any <br /> use, subdivision or development for a period not to exceed one <br /> year with a maximum 18 month extension. The only exception <br /> is that an interim ordinance may not delay or prohibit a <br /> Woodbury Place Partners v. subdivision that has been given preliminary approval (review <br /> Woodbury,492 N.W.2d 258 and approval of a preliminary plat)prior to the interim <br /> • (Minn.App. 1993). ordinance's effective date. The use of an interim ordinance <br /> prohibiting or limiting use of land is generally not <br /> compensable if there is a valid purpose for the interim <br /> regulation. Notice and hearing procedures identical to those for <br /> zoning, subdivisions and conditional uses should be followed <br /> although a recent court of appeals case held such procedures <br /> were not required. <br /> Minn.Stat.§462.36. Certified copies filed with the <br /> county recorder <br /> Cities are required to file certified copies of all zoning <br /> Minn.Stat. §462.3595; ordinances, subdivision regulations,amendments,offical <br /> 462.36; 1995 Minn.Laws ch. <br /> 105. maps, conditional use permits and variances with the county <br /> recorder or register of titles. All of these documents must <br /> include the legal description of the property to which they <br /> apply. A 1995 law also requires copies of all ordinances be <br /> sent to the county law library. <br /> i <br /> 399 <br />
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