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1410 Bohns Point Road
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80-#546, VAR
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in both properties when the 1975 zoning; ordinance became effective <br />on January 1, 1975. Rogers had no interest- in the Rhode property <br />until he contracted for its purchase on September 9th or during the <br />early part of Aug;usL, 1974, and by either of those dates Rogers had <br />lost control of the Becker properL, by contracting; on August- 1, <br />1974 to sell it to the Beckers. Therefore, Rogers never cou'1 have <br />legally joined the Lwo properties in sole ownership. <br />In asserting; this contention the Beckers rely on <br />llederim,_v. Johnson, (1976) 307 Vinn. 315, 2.39 N.W. (2) 913. <br />Uedering is disLinguishable because there two adjoining undeveloped <br />lots were owned in fee by the same party when the zoning ordinance <br />was adopted, because the court there relied on pollution avoidance <br />as an important factor warranting; denial of a variance -nd because <br />the governing body had denied, rathei than approved, tale variance. <br />Conmion fee ownership of the two lots was ruled to be <br />not <br />a sound basis for denying ( the variance but was/stated to pro- <br />hibit the granting of a valiance. The court there said at page <br />322: <br />"In denying; a conditional -use permit. and variance <br />to appellant, who acquired it substandard lot with full <br />knowledge of ita deficient size, the Isanti County <br />Board of Commissioners was furthering, the purpose <br />of Lite shorelands provisions of that county*s zoning; <br />ordinance and the shorelands policy of the state of <br />Minnesota. A county hoard cannot arui.trarily deny an <br />applicant a variance from local coning restrictions. <br />See, Zylka v. City of Crystal, 283 Minn. 192, 1.67 N.W. <br />2d 45 (1969) . Nourever, where, is here, t he act inns <br />of the county hoard are based on substantial evidence <br />which it considered in analyzing; the Proper future <br />coure in this important .and sensitive land-ttse <br />field, a court must uphuld Lhe board's decision. <br />See, Arcadia Development Corp. v. City of Bloomington, <br />267 Minn. 221, 125 N.W. 2d 346 (1964). <br />In Curry v. Young, (1969) 285 Minn. 387, 113 N.N. (2) <br />410, the court mandated Lhe allowance of a variance to a zoning <br />setback requirement after the council had denied the variance. <br />Thera two lots had been owned by one party for it period after the <br />zoning; setback c-rditiance was adopted at 1 t.hat owner conveyed Lhe <br />two lots to the plaintiff And another owner. The court pointed <br />
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