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Item 5.4
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02-26-2002
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Item 5.4
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111/ <br /> where their strict enforcement would cause undue hardship because of <br /> circumstances unique to the individual property under consideration, and to <br /> grant such variances only when it is demonstrated that such actions will be in <br /> keeping with the spirit and intent of the ordinance. `Undue hardship' as used in <br /> connection with the granting of a variance means the property in question <br /> cannot be put to a reasonable use if used under conditions allowed by the official <br /> controls, the plight of the landowner is due to circumstances unique to the <br /> property not created by the landowner, and the variance, if granted,will not <br /> alter the essential character of the locality. Economic considerations alone shall <br /> not constitute an undue hardship if reasonable use for the property exists under <br /> the terms of the ordinance. Undue hardship also includes, but is not limited to, <br /> inadequate access to direct sunlight for solar energy systems. Variances shall be <br /> granted for earth sheltered construction as defined in section 216C.06, <br /> subdivision 2,when in harmony with the ordinance. The board of appeals and <br /> adjustments or the governing body as the case may be, may not permit as a <br /> variance any use that is not permitted under the ordinance for property in the <br /> zone where the affected person's land is located. The board,or governing body, <br /> as the case may be, may permit as a variance the temporary use of a one family <br /> dwelling as a two family dwelling. The board or governing body as the case may <br /> be may impose conditions in the granting of variances to insure compliance and <br /> to protect adjacent properties." <br /> • 5. Conditional Uses. M. S. §462.3595 provides the method for issuing conditional <br /> use permits. Conditional uses are a cure for a problem with the use of the land <br /> and the city cannot impose conditions that go beyond resolving the problem. <br /> Conditional use restrictions must be reasonable and imposed only after a <br /> hearing is held. The city cannot require that conditional use permits be renewed it <br /> after a specific time. Once a permit is granted, it cannot be modified except with <br /> the agreement of the city and the landowner. Conditional use permits cannot be <br /> for a specific erio (use a licensing procedure for occupations where an annual <br /> cense and review is desired). A conditional use permit must be recorded by the <br /> city and the conditional use runs with the land and applies even to subsequent <br /> purchasers of the land so long as the conditions are being met. A conditional use <br /> permit can be revoked after a hearing if there is not substantial compliance with <br /> the conditions. <br /> 6. Special Use Permits. Many older land use ordinances and some older League <br /> publications use the term"special use permit". There is no statutory authority <br /> for a special use permit, and courts will likely assume that a special use permit is <br /> in reality a conditional use permit and require that the processes for issuing a <br /> conditional use permit contained in M. S. §462.3595 be followed.Wherever the <br /> term"special use" occurs it should be chased in the ordinance to"conditional <br /> use". <br /> ID7. Nonconforming Uses. State Law,M. S. §462.357, Subd. le (enacted by Laws <br /> 2001, Chapter 174) now provides that"any nonconformity,including the lawful <br /> 3 <br />
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