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RELEVANT LINKS: <br />Minn. Stat. § 15.99. <br />Minn. Stat. § 15.99, subd. 2. <br />See LMC information memo, <br />Taking the Mystery out of <br />Findings of Fact. <br />Minn. Stat. § 15.99, subd. 2. <br />Jed Burkett <br />LMCIT Land Use Attorney <br />jburkettglmc.org <br />651.281.1247 <br />C. Time limit <br />A written request for a variance is subject to Minnesota's 60-day rule and <br />must be approved or denied within 60 days of the time it is submitted to the <br />city. A city may extend the time period for an additional 60 days, but only if <br />it does so in writing before expiration of the initial 60-day period. Under the <br />60-day rule, failure to approve or deny a request within the statutory time <br />period is deemed an approval. <br />D. Documentation <br />Whatever the decision, a city should create a record that will support it. In <br />the case of a variance denial, the 60-day rule requires that the reasons for the <br />denial be put in writing. Even when the variance is approved, the city should <br />consider a written statement explaining the decision. The written statement <br />should explain the variance decision, address each of the three practical <br />difficulties factors and list the relevant facts and conclusions as to each <br />factor. <br />If a variance is denied, the 60-day rule requires a written statement of the <br />reasons for denial be provided to the applicant within the statutory time <br />period. While meeting minutes may document the reasons for denial, usually <br />a separate written statement will need to be provided to the applicant in <br />order to meet the statutory deadline. A separate written statement is <br />advisable even for a variance approval, although meeting minutes could <br />serve as adequate documentation, provided they include detail about the <br />decision factors and not just a record indicating an approval motion passed. <br />VI. Variances once granted <br />A variance once issued is a property right that "runs with the land" so it <br />attaches to and benefits the land and is not limited to a particular landowner. <br />A variance is typically filed with the county recorder. Even if the property is <br />sold to another person, the variance applies. <br />VII. Further assistance <br />If you have questions about how your city should approach variances under <br />this statute, you should discuss it with your city attorney. You may also <br />contact League staff. <br />League of Minnesota Cities Information Memo: 1/11/2019 <br />Land Use Variances Page 6 <br />