(A) Purpose. The purpose of an official map is to identify land needed for future public uses in order to permit both public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make adjustments difficult to accomplish.
(B) Adopted by reference. The official map of the city, as created by Ordinance No. 77, §§ 1 through 3, and adopted June 9, 1970, together with the legal description and surveyor’s certificate, thereto attached, are hereby incorporated into this code by reference and made a part hereof, and the map is hereby declared to be the official map of the city, pursuant to M.S. § 462.359.
(A) All buildings on the lands described on the official map shall be prohibited. If a request for a building permit in the location is denied, the City Council shall have the power, upon appeal filed with it by the owner of the land, to grant a permit for building in the location in any case in which the Council finds, upon the evidence and the arguments presented to it:
(1) The entire property of the appellant, of which the area identified for public purposes forms a part, cannot yield a reasonable return to the owner unless a permit is granted; and
(2) Balancing the interest of the city in preserving the integrity of the official map and of the comprehensive municipal plan and the interest of the owner of the property in the use of the property and in the benefits of ownership, the grant of a permit is required by considerations of justice and equity.
(B) The City Council will conduct these appeals using the procedure outlined in M.S. §§ 462.354, subd. 2, and 462.359, subd. 4.
The City Clerk is hereby directed to file the official map in the office of the County Recorder.
(‘81 Code, § 17-7) (Ord. 77, passed 6-9-70)
Apple Valley City Zoning Code
APPENDIX G
PLANNING
§ 17.1 OFFICIAL MAP; PURPOSE.
(A) Purpose. The purpose of an official map is to identify land needed for future public uses in order to permit both public and private property owners to adjust their building plans equitably and conveniently before investments are made which will make adjustments difficult to accomplish.
(B) Adopted by reference. The official map of the city, as created by Ordinance No. 77, §§ 1 through 3, and adopted June 9, 1970, together with the legal description and surveyor’s certificate, thereto attached, are hereby incorporated into this code by reference and made a part hereof, and the map is hereby declared to be the official map of the city, pursuant to M.S. § 462.359.
(A) All buildings on the lands described on the official map shall be prohibited. If a request for a building permit in the location is denied, the City Council shall have the power, upon appeal filed with it by the owner of the land, to grant a permit for building in the location in any case in which the Council finds, upon the evidence and the arguments presented to it:
(1) The entire property of the appellant, of which the area identified for public purposes forms a part, cannot yield a reasonable return to the owner unless a permit is granted; and
(2) Balancing the interest of the city in preserving the integrity of the official map and of the comprehensive municipal plan and the interest of the owner of the property in the use of the property and in the benefits of ownership, the grant of a permit is required by considerations of justice and equity.
(B) The City Council will conduct these appeals using the procedure outlined in M.S. §§ 462.354, subd. 2, and 462.359, subd. 4.