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07-19-2010 Planning Commission Packet
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07-19-2010 Planning Commission Packet
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see also In ��e Kenney, 374 N.W2d 271, 274 (Mum. 1985) ("A statute will be construed <br /> so as to give effect to all of its parts."). In paragraph (a), the legislature, with certain <br /> exceptions not relevant here, prohibits a municipality from ordering the removal of <br /> nonconformities.s Further, the legislature has given property owners the right to repair or <br /> replace a nonconformity so long as they do not expand the nonconformity_ In other <br /> words, as long as the property owner does not expand the nonconformity, she does not <br /> need municipal approval to take corrective or remedial action on the nonconfoimity. But <br /> under paragraph (b), if the property owner seeks to expand the nonconformity, the � <br /> municipality may, by ordinance,permit the expansion. <br /> Consistent with the authority the legislature granted to it in paragraph (b) of <br /> subdivision 1 e, the City has an ordinance that addresses the expansion of <br /> nonconformities. See Minnetonka City Code § 300.29(g)(1). This ordinance provides <br /> that "an expansion of any non-conforming use may not be done without first obtaining a <br /> variance." Id. Liebeler's proposed addition to her detachecl garage z-equired a variance <br /> because she proposed to "occup[y] space within a non-confonning area that was <br /> previously not occupied . . . vertically." Id. <br /> Krummenacher argues that because state la«� is supez�or te murucipal law, the City <br /> cannot grant a variance pursuant to its own ordinance if that variance violates state law. <br /> 5 The statute allows the municipality to require a nonconformity to be discontinued <br /> when it "is discontinued for a period of more than one year," or "is destroyed by fire or <br /> other peril to the extent of greater than 50 percent of its market value, and no building <br /> permit has been applied for ��ithin 180 days of when the property is damaged." Minn. <br /> Stat. § 462.357, subd. Ie(a)(1) and(2). <br /> i 9 <br />
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