EstatePass
Practice Of Real EstateState_specificHARD

A Minnesota county has adopted a shoreland ordinance requiring a 75-foot structure setback from the ordinary high water mark (OHWM) of a recreational development lake. A property owner wants to build a new cabin 50 feet from the OHWM, which was the setback distance allowed when the original cabin was built 40 years ago. The original cabin has since been demolished. Which statement best describes the owner's legal situation under Minnesota shoreland law?

Correct Answer

B) The owner must comply with the current 75-foot setback requirement because the nonconforming structure was demolished, eliminating the nonconforming status

Under Minnesota shoreland management rules and general zoning principles, a legal nonconforming structure (one that predates a more restrictive ordinance) loses its nonconforming status when it is demolished. Once the original cabin was demolished, the nonconforming setback protection it carried was extinguished. Any new construction must comply with the current 75-foot setback requirement. The owner would need to apply for a variance from the local government to build at 50 feet, and variances are not guaranteed.

Answer Options
A
The owner may build at 50 feet because the original cabin established a legal nonconforming setback that runs with the land permanently
B
The owner must comply with the current 75-foot setback requirement because the nonconforming structure was demolished, eliminating the nonconforming status
C
The owner may build at 50 feet because shoreland setback rules do not apply to the replacement of previously existing structures
D
The owner must obtain a riparian variance from the Minnesota DNR rather than the local municipality to build at 50 feet

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Practice Of Real Estate Question

Sign up free to unlock full analysis

Background Knowledge for Practice Of Real Estate

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Practice Of Real Estate

Sign up free to unlock full analysis

Common Mistakes to Avoid on Practice Of Real Estate Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

shoreland_setbacknonconforming_structureordinary_high_water_markvarianceshoreland_ordinance

Related Concepts

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Was this explanation helpful?

More Practice Of Real Estate Questions

People Also Study

Related Articles

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing