Green Light Blinks on for Stalled Projects as Governor Signs Variance Fix
Category: Newsroom » Press Releases - May 06, 2011
Yesterday, Governor Dayton signed Chapter 19, overturning the Minnesota Supreme Court’s Krummenacher decision which had severely limited municipal variance authority. Dayton’s action opens the door to millions of dollars of pending home construction and renovation projects. The legislation was a top priority for builders and remodelers from the Twin Cities and across Minnesota. With the signing of Chapter 19, city halls across the state are once again free to consider variance applications from property owners.
The Court in Krummenacher read the previous variance standard of “undue hardship” strictly, leaving municipalities with virtually no options in granting variance requests, which range from deck additions, to home remodels, to commercial & industrial expansions. With the signing of Chapter 19, municipalities will now use a “practical difficulties” standard when considering variance requests, returning them to a familiar process similar to one they used prior to last summer’s court decision.
“This is a very important day for homebuilders and remodelers and their customers,” said Rich Riemersma, a homebuilder and 2011 Builders Association of the Twin Cities (BATC) President. “Any project requiring a variance was ground to a halt last summer, leaving property owners with no options to improve their property, and builders and remodelers on the sidelines. These projects can now move forward. This action by the legislature and governor will generate jobs.”
In a recent survey of builders and remodelers throughout the state, more than $45 million dollars in projects awaited resolution of the variance standard. Given the historic market challenges facing the housing industry, the urgency of passing this bill was stressed from the outset.
Riemersma added, “BATC commends the legislative leaders who helped move this forward: Representative Joyce Peppin (R-Rogers), Representative Mike Beard (R-Shakopee), and Senator Gen Olson (R-Minnetrista). At a time when real estate values and industry jobs are in need of a boost, this gives them just that as we move into the building season. We thank them as well as the full legislature and Governor Dayton for recognizing the need to put Minnesotans back to work and to give homeowners the right to enhance their property.”
The bill is effective today when municipalities may resume the processing of variance requests.
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