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\ <br />PopMam. H aik, Schnobrich . Kaufman & D otv. Ltd . <br />Orono Mayor and city council <br />June 3, S982 <br />Page 2 <br />3, Variances - chapter 507 amended Minnesota Statutes <br />S 462.357# Subd. 6 by adding new language concerning what <br />constitutes a hardship for a variance. The statute now provides <br />as follows: <br />*Undue hardship as used in connection with the <br />granting of a variance means the property in <br />question cannot be put to a reasonable use if used <br />under conditions allowed by the official controls, <br />the plight of the land owner is due to <br />circumstances unique to his property not created by <br />the landowner# and the variance# if granted# will <br />not alter the essential character of the locality. <br />Economic considerations alone shall not constitute <br />an undue hardship if reasonable use for the <br />property exists under the terms of the ordinance.* <br />We should amend our ordinances to include this new <br />definition. <br />Chapter 507 amended Minnesota Statutes S 462.36# Subd. 1 by <br />adding the word 'variance* so that now a certified copy of every <br />variance granted must be filed with the County Recorder of the <br />county or counties in which the municipality adopting it is <br />located. The order issued by the governing body or Board of <br />Appeals and Adjustment, as the case may be# shall include the <br />legal description of the property involved. The effective date of <br />this amendment is January 1# 1983. <br />In the past the City has included the legal description in <br />any order approving a variance and has quite often filed it in the <br />chain of title even though not required by statute. Now the City <br />must follow this procedure in every case. It will be easier for <br />the City to file variances and conditional use permits in the <br />chain of title on registered property because the statute now <br />requires that they be filed. In the past the county Recorder <br />quite often would not want to file these documents on registered <br />property. <br />4, Conditional Use Permits - Chapter 507 amended Minnesota <br />Statute S 462 by adding a new provision S 462.3595 Conditional Use <br />Permits. The amendment is as follows: <br />*Subd. 1. Authority. The governing body may by <br />ordinance designate certain types of developments# <br />including planned unit developments# and certain <br />land development activities as conditional uses