Laserfiche WebLink
2 MINNESOTA STATU ES 2009 394.27 <br /> pursuant to the provision of sections 394.21 to 394.37, order the issuance of permits for buildings <br /> in areas designated for future public use on an official 1 ap, and perform such other duties as <br /> required by the official controls. Such appeal may be t.I en by any person aggrieved or by any <br /> officer, department, board or bureau of a town, municisality, county, or state. In exercising its <br /> powers under this subdivision, the board of adjustment shall take into consideration the town <br /> board's recommendation when the board of adjustment s decision directly affects land within <br /> the town. I <br /> Subd. 6. Appeals.An appeal from any order, requirement, decision, or determination of any <br /> administrative official shall be taken in such time as sh. 11 be prescribed by the ordinance creating <br /> the board of adjustment by filing with the board of adj stment a notice of appeal specifying <br /> the grounds thereof. The board of adjustment shall fix reasonable time for the hearing of the <br /> I <br /> appeal and give due notice thereof to the appellant and the officer from whom the appeal is taken <br /> and to the public and decide the same within a reasonable time which shall be defined in the <br /> ordinance establishing the board of adjustment. An appeal stays all proceedings in furtherance of <br /> the action appealed from unless the board of adjustment to whom the appeal is taken certifies <br /> that by reason of the facts stated in the certificate a stay would cause imminent peril to life or <br /> property. The board of adjustment may reverse or affirrii wholly or partly, or may modify the <br /> order, requirement, decision, or determination appealed from and to that end shall have all the <br /> powers of the officer from whom the appeal was taken and may direct the issuance of a permit. <br /> The reasons for the board's decision shall be stated in writing. <br /> Subd. 7. Variances; hardship. The board of adjustment shall have the exclusive power to <br /> order the issuance of variances from the terms of any official control including restrictions placed <br /> on nonconformities. Variances shall only be permitted when they are in harmony with the general <br /> purposes and intent of the official control in cases when!there are practical difficulties or particular <br /> hardship in the way of carrying out the strict letter of a y official control, and when the terms <br /> of the variance are consistent with the comprehensive lan. "Hardship" as used in connection <br /> with the granting of a variance means the property in q estion cannot be put to a reasonable <br /> use if used under the conditions allowed by the official controls; the plight of the landowner is <br /> due to circumstances unique to the property not created by the landowner; and the variance, if <br /> granted, will not alter the essential character of the loc lity. Economic considerations alone <br /> shall not constitute a hardship if a reasonable use for th property exists under the terms of <br /> the ordinance. Variances shall be granted for earth she4red construction as defined in section <br /> 216C.06, subdivision 14,when in harmony with the offs ial controls.No variance may be granted <br /> that would allow any use that is prohibited in the zonin district in which the subject property is <br /> located. The board of adjustment may impose conditio s in the granting of variances to insure <br /> 1 <br /> I <br /> I <br /> 1 <br /> Copyright©2009 by the Revisor of Statutes,State okf Minnesota.All Rights Reserved. <br />