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<br />Minnesota Statutes 1997, 462.359 <br /> <br />appeals and adjustments shall have the power, upon appeal filed <br />with it by the owner of the land, to grant a permit or approval <br />for building in such location in any case in which the board <br />finds, upon the evidence and the arguments presented to it, (a) <br />that the entire property of the appellant of which such area <br />identified for public purposes forms a part cannot yield a <br />reasonable return to the owner unless such a permit or approval <br />is granted, and (b) that balancing the interest of the <br />municipality in preserving the integrity of the official map and <br />of the comprehensive municipal plan and the interest of the <br />owner of the property in the use of the property and in the <br />benefits of ownership, the grant of such permit or approval is <br />required by considerations of justice and equity. In addition <br />to the notice of hearing required by section 462.354/ <br />subdivision 2, a notice shall be published in the official <br />newspaper once at least ten days before the day of the hearing. <br />If the board of appeals and adjustments authorizes the issuance <br />of a permit or approval the governing body or other board or <br />comnliDsion having jurisdiction shall have six months from the <br />date of the decision of the board to institute proceedings to <br />acquire such land or interest therein, and if no such <br />proceedings are started within that time, the officer <br />responsible for issuing permits or approvals shall issue the <br />permit or approval if the application otherwise conforms to <br />local ordinances. The board shall specify the exact location, <br />ground area, height and other details as to the extent and <br />character of the building for which the permit or approval is <br />granted. <br /> <br />HIST: 1965 c 670 s 9; 1976 c 181 s 2; 1986 c 444; 1995 c 254 <br />art 3 s 8 <br /> <br />Copyright 1997 by the Office of Revisor of Statutes, State of Minnesota. <br /> <br />http://www.revisor.1eg.state.mn.us/st97 / 462/359 .html <br /> <br />Page 2 of2 <br /> <br />10/8/98 <br />