Zoning – Variances

cassiejohnson//August 14, 2015//

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Relators challenged the grant of a multiple-dock license and a variance to a marina by the Lake Minnetonka Conservation District (LMCD). The Court of Appeals noted that LMCD made no attempt to argue that its grant of a variance would satisfy the undue hardship standard. But whether respondent’s application for a variance satisfies this standard is a determination for LMCD in the first instance. Further findings of fact may be necessary. The Court of Appeal thus reverse LMCD’s grant of the variance and remand for consideration of respondent’s variance request under the undue hardship standard. Affirmed in part, reversed in part, and remanded.

A14-2176 In re Application of EOF Invs., LLC (Lake Minnetonka Conservation Dist.)

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