Agenda - Planning Commission - 04/02/2020

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LMC LEAGUE of MINNESOTA CITIES INFORMATION MEMO Land Use Variances Learn about variances as a way cities may allow an exception to part of their zoning ordinance. Review who may grant a variance and how to follow and document the required legal standard of "practical difficulties" (before 2011 called "undue hardship'). Links to a model ordinance and forms for use with this law. RELEVANT LINKS: Minn. Stat. § 462.357, subd. 6. Minn. Stat. § 462.357, subd. 6. Minn. Stat. § 462.357, subd. 6. I. What is a variance A variance is a way that a city may allow an exception to part of a zoning ordinance. It is a permitted departure from strict enforcement of the ordinance as applied to a particular piece of property. A variance is generally for a dimensional standard (such as setbacks or height limits). A variance allows the landowner to break a dimensional zoning rule that would otherwise apply. Sometimes a landowner will seek a variance to allow a particular use of their property that would otherwise not be permissible under the zoning ordinance. Such variances are often termed "use variances" as opposed to "area variances" from dimensional standards. Use variances are not generally allowed in Minnesota —state law prohibits a city from permitting by variance any use that is not permitted under the ordinance for the zoning district where the property is located. II. Granting a variance Minnesota law provides that requests for variances are heard by a body called the board of adjustment and appeals; in many smaller communities, the planning commission or even the city council may serve that function. A variance decision is generally appealable to the city council. A variance may be granted if enforcement of a zoning ordinance provision as applied to a particular piece of property would cause the landowner "practical difficulties." For the variance to be granted, the applicant must satisfy the statutory three -factor test for practical difficulties. If the applicant does not meet all three factors of the statutory test, then a variance should not be granted. Also, variances are only permitted when they are in harmony with the general purposes and intent of the ordinance, and when the terms of the variance are consistent with the comprehensive plan. This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West Saint Paul, MN 55103-2044 www.lmc.org (651) 281-1200 or (800) 925-1122 1/11/2019 © 2019 All Rights Reserved