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Marshall City Council adopts ordinance limiting start window for variances and conditional-use permits

3781367 · June 12, 2025
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Summary

The Marshall City Council approved an ordinance amending municipal code sections on variances and conditional‑use permits to allow a one‑year time frame to begin work before approvals may lapse; the change moves forward prospectively and was recommended by the Planning Commission and the Legislative and Ordinance Committee.

The Marshall City Council on 2025-06-10 approved an ordinance amending Marshall City Code sections on variances and conditional‑use permits to allow a time limit on when approved work must begin.

Elliot Grama, presenting the item for city staff, told the council the change would set a one‑year timeframe for applicants to start a permitted project and that the council’s city attorney had reviewed the language. "According to the Minnesota Statutes, you cannot have a sunset for variances and conditional‑use permits," Grama said, adding that jurisdictions may set a time limit for when an approval must be acted on so approvals do not remain open indefinitely.

The change was recommended by the Planning Commission and the council’s Legislative and Ordinance Committee. Council Member Cee moved adoption of the ordinance; Council Member Jim seconded the motion, and the motion passed.

Grama gave an example to illustrate the change: if a property owner receives a conditional‑use permit to build a two‑unit dwelling in a single‑family district but does not start the permitted activity within the set term, the permit could become null and void and the owner would need to reapply if the work begins years later. Council members clarified that the ordinance would apply prospectively; it would not be applied retroactively to approvals already granted.

City Attorney Woodmore was present for questions and had no additional comments when asked. Council members said the one‑year timeframe recommended by committee was acceptable.

The ordinance amends local code sections addressing variances and procedures for conditional‑use permits to provide a defined period in which an approval must be acted on. The council did not specify additional enforcement mechanics in the meeting record; staff will implement the amended language going forward.