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MN HF52
Bill
Status
5/9/2011
Primary Sponsor
Joyce Peppin
Click for details
AI Summary
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Replaces "hardship" standard with "practical difficulties" standard for zoning variances in both town boards and city/county boards of adjustment.
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Defines "practical difficulties" as the property owner proposing reasonable use not permitted by zoning ordinance, circumstances unique to the property not created by owner, and variance not altering essential character of locality.
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Specifies that economic considerations alone do not constitute practical difficulties, and explicitly includes inadequate sunlight access for solar energy systems as a practical difficulty.
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Requires variance conditions to be directly related to and bear rough proportionality to the impact created by the variance, replacing previous "insure compliance and protect adjacent properties" language.
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Applies earth sheltered construction variances automatically when in harmony with zoning controls, and prohibits variances for uses not allowed in the zoning district.
Legislative Description
City, county, and town zoning control and ordinance variances provided.
Last Action
Secretary of State Chapter 19 05/05/11
5/9/2011