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Roseville City Council
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Roseville Planning Commission <br />March 1, 2000 <br />Page 2 <br />1165.06, subdivision 2, when in harmony with the ordinance. The board of <br />appeals and adjustments or the governing body as the case may be, may not <br />permit as a variance any use that is not permitted under the ordinance for <br />property in the zone where the affected person's land is located. The board <br />or governing body as the case may be, may permit as a variance the <br />temporary use of a one family dwelling as a two family dwelling. The <br />board or governing body as the case may be may impose conditions in the <br />granting of variances to insure compliance and to protect adjacent <br />properties." (MSA § 462.357, Procedure for plan effectuation; zoning). <br />Because the variance standards are part of the basic enabling law, the majority view is <br />that statutory cities are without authority to adopt variance standards which are either more <br />restrictive or more lenient than state law. Sa�stetter v. Citv of St. Paul, 529 N.W.2d 488 (Minn. <br />App. 1995). This ruling is not particularly significant in Roseville because the City Code <br />provision closely parallels the state enabling law. City Code � 1013.02 A. states: "Where there <br />are practical difficulties or unusual hardships in the way of carrying out the strict letter of the <br />provisions of this Code, the City Council shall have the power, in a specific case and after notice <br />and public hearings, to vary any such provision in harmony with the general purpose and intent <br />thereof and may impose such additional conditions as it considers necessary so that the public <br />health, safety and general welfare may be secured and substantial justice done." Under the City <br />Code, the Planning Commission is charged with conducting the public hearing regarding the <br />variance application and making a recommendation to the City Council. <br />As quoted earlier, under the statutes, an undue hardship means the property cannot be put <br />to a reasonable use if used under conditions allowed by the official controls, the plight of the <br />landowner is due to circumstances unique to the property not created by the landowner, and the <br />variance, if granted, will not alter the essential character of the locality. <br />The reasonable use, unique circumstances, and essential character elements of the <br />definition of undue hardship have all been the subject of litigation. In Rowel l v. City of <br />Moorhead ,446 N.W.2d 917 (Minn. App. 1989), the court stated that aesthetics and functionality <br />are part of the undue hardship analysis. <br />Current case law indicates: <br />The "reasonable use" standard does not require all reasonable uses to be prohibited by <br />the ordinances. The courts' reason that if all reasonable uses would be prohibited, an <br />unconstitutional taking without compensation would occur. The Minnesota courts now seem <br />to apply this test to the activity proposed, rather than the uses remaining if the proposed use is <br />denied, which obviously has a significant impact on the ultimate decision whether to grant or <br />deny the variance. <br />57308 <br />
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