Legislative Update

The 2011 Minnesota Legislative Session has been fairly active on land use issues.  The following topics have had legislation introduced at the State Legislature:

1. Variance Authority
2. Interim Ordinances (moratorium) and Development Contracts
3. Mississippi River Corridor Critical Area (MRCCA) Rule making Authority

No notification required.

On May 5, the Governor signed into law approved legislation amending State Variance procedures in response to local cities' response to a recent Minnesota Supreme Court ruling.  The bill essentially restores pre-Krummenacher v. the city of Minnetonka interpretation of reasonable use.  The bill eliminates the term 'undue hardship' and replaces with 'practical difficulty'.  In this section, practical difficulty means means that the property owner proposes to use the property in a reasonable manner not permitted by an official control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Essentially, this bill allows the City to approve requests for Variances provided that the City finds that the request is reasonable and consistent with the Comprehensive Plan.

Staff will provide a brief update of the remaining legislative items.

None required.

For discussion only.

Based on discussion.