07-08-2002 Council Packet - Laserfiche WebLink

Home Browse Search

FREDRIKSON & BYRON, R A. Attomeyi and AJvticn Barbara Peterson, Mayor City Council Members July 3,2002 Page 4 was challenged by an adjacent landowner. In once again alTirming the granting of the variances, the Nolan Court stated, “In Rowell, this court squarely addressed the question and explained that the statutory undue hardship requirement ‘does not mean that a property owner must show the land cannot be put to any reasonable use without the variance.’ Rather, the undue hardship standard requires a showing that the property owner would like to use their property in a reasonable manner that is prohibited by ordinance.” The Minnesota Court of Appeals’ consistent application of the interpretation it first announced in 1989, provides much more flexibility to municipalities in granting variances. The apparently rigid “undue hardship” standard is less onerous thim many think. Rather than proving that no reasonable use at all exists for a property without the variance, under this standard a landowner must only prove that the proposed use which is disallowed under the controlling regulations is reasonable. Revis has accepted that the result of the project is not precisely what was contemplated, however, reasonableness and logic dictate that the project be accepted by the City as is, through the granting of the variance, and amendment of the CUP as requested. The project has been completed in a quality fashion. Great care has been taken to seed the disturbed areas. The advanced growth of the new seeding is depicted in the photographs attached hereto. That new coverage provides significant benefit to the nearby wetland through elimination of erosion and runofT. Revis’ neighbors whose properties are directly impacted by the fill have consented to this result and support it. Revis has proposed a reasonable use of his property, one which significantly enhances the relationship betw een his property and the adjacent wetland, through elimination of runoff and erosion. The project has rendered the property significantly more safe. Your thoughtful cc:Revis Stephenson 111 Ron Peterson J.D./PWS Peterson Environmental Services I™**-*---