Laserfiche WebLink
� i <br /> � <br /> - <br /> Adopting the Rowell "reasonable manner" standard would be inconsistent with the <br /> distinction we made in Stadsvold between the "practical difficulties" and "ha�-dship" <br /> standards. The Iegislature defined the "hardship" standard in the county statute the same <br /> way it defined the "undue hardship" standard in the mun.icipal statute.11 Because the <br /> legislature used the same language in both the county and city variance statutes when <br /> defming "hardship," our analysis in Stadsvold requires us to conclude that the "undue <br /> ha.rdship" standard in Minn. Stat. § 462.537, subd. 6, is more demanding than the <br /> "practical difficulties" standard the court of appeals appears to have relied on in Rowell, <br /> 446 N.W.2d at 922. <br /> Moreover, with respect to the "practical difficulties" standard, we identified in <br /> Stadsvold several factors the county should consider in assessing whether that standard <br /> was met: <br /> (1) how substantial the variation is in relation to the requirement; (2) the <br /> effect the variance would have on government services; (3) whether the <br /> variance will effect a substantial change in the character of the <br /> neighborhood or will be a substantial detriment to neighboring properties; <br /> (4) whether the practical difficulty can be alleviated by a feasible method <br /> other than a variance; (5) how the practical difficulty occurred, including <br /> (Footnote continued from previous page.) <br /> prescribed by zoning regulations.' . . . An area variance controls `lot restrictions such as <br /> a�ea, height, setback, density and parking requirements.' " 754 N.W.2d at 329 (quoting <br /> In��e Appeal ofKenney, 374 N.W2d 271, 274 (Minn. 1985)). <br /> 11 " `Hardship' as used in connection with the granting of a variance means the <br /> property in question cannot be put to a reasonable use if used under the conditions <br /> allowed by the official controls; the plight of the landowner is due to circumstances <br /> unique to the property not created by the landowner; and the variance, if granted, will not <br /> alter the essential character of the locality." Minn. Stat. § 394.27, subd. 7. <br /> 16 <br />