Krummenacher v. Minnetonka
Minnesota Supreme Court
783 N.W.2d 721 (Minn. 2010)
JoAnne Liebeler's property in the City of Minnetonka (defendant) contained a nonconforming garage grandfathered in before a zoning ordinance took effect. Liebeler applied for a variance to repair and expand the garage; neighbor Beat Krummenacher (plaintiff) opposed it because the expansion would block his view. The City Planning Commission granted the variance, and after Krummenacher's appeal, the City Council affirmed based on a prior appellate precedent, Rowell, holding undue hardship exists if the owner seeks to use the property in a "reasonable manner" that the ordinance nonetheless prohibits. Krummenacher sued challenging the undue-hardship finding; the district court and court of appeals ruled for the City, and Krummenacher appealed.
Whether, in determining if a variance is necessary due to undue hardship, the proper standard is whether the property owner seeks to use the property in a reasonable manner that is prohibited by the ordinance.