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Maverick
Maverick, Lawyer
Category: Real Estate Law
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Experience:  20 years professional experience
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Regarding an application for a variance to the Grand Rapids,

Customer Question

Regarding an application for a variance to the Grand Rapids, Minnesota Planning Commission. 1. Written notice of the meeting was received by property owners within 200' 8 days before the meeting. Ordinance states notice to be mailed at least 10 days before.
MN Statutes 326.26 sud2a states notice in the case of variance to be mailed to property owner within 500 feet.
Is either of these defects sufficient to nullify the decision of the planning commission?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 3 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Customer: replied 3 months ago.
Go ahead
Expert:  Attyadvisor replied 3 months ago.

The variance process needs to be followed as set out. The person that missed a stepped would just start the process over and there should be no issues.

Expert:  Attyadvisor replied 3 months ago.

What part was missed?

Customer: replied 3 months ago.
Poor answer, good bye.
Expert:  Attyadvisor replied 3 months ago.

Your question may have been poorly worded and perhaps I misunderstood the question. http://grcity.us/design-and-development-services/Planning-Department/Documents/Variance%20Application.pdf

Unless you are saying the variance was already granted even though all requirements were not followed. If it was granted you have the variance.

Expert:  Attyadvisor replied 3 months ago.

1

Expert:  Maverick replied 3 months ago.

Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review, analyze and/or research your inquiry and I will be back. Thank you for your patience.

Expert:  Maverick replied 3 months ago.

The statute you have cited appears to have been repealed: See this link. Is there another statute that you are referring to?

If there is a current statute that has been violated; then there is a way to nullify the decision of the planning commission and that is to file for a court order using what is known as a declaratory judgment action. You would ask the court to issue and order that planning commission's decision is null and void as of the date that it defaulted on one of the procedural steps that you have mentioned. Also, you can ask for an injunction to stop any activity the is on-going because of this invalid decision.

Here is the law;

Here is a sample DJ complaint.

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