Agenda - Council Work Session - 09/23/2025

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CC Work Session Meeting Date: 09/23/2025 Primary Strategic Plan Initiative: Not Applicable Information Title: Variance Appeals 2. 2. Purpose/Background: The City Council will be asked to review appeals on two variance decisions that the Planning Commission recently made. The purpose of this discussion is not on the two cases (one will be on tonight's regular agenda and one on the 10/14 agenda), but rather the variance process and the criteria used for reviewing an appeal. First, variances are authorized by State Statutes to grant relief from dimensional zoning standards such as setbacks, heights, widths, area, or the like when they are impossible or impractical to meet. Zoning Codes try to treat all properties within a classification (a zoning district) the same, although every piece of land is unique. Sometimes, the uniqueness of the land does not adapt well to a particular dimensional regulation. Variances cannot be granted for uses. Minnesota State Statutes 462.357 Subd. 6 outlines a series of legal justifications that can be used for variances that are called "practical difficulties." Ramsey's Zoning Code Section 106-220 has those practical difficulties verbatim, plus one additional practical difficulty that was added due to the various Highway 10 reconstruction takings: 106-220 - Variances. (a) Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan. (b) Public hearing notice mailing distance is 350 feet. (c) Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning code. "Practical difficulties," as used in connection with the granting ofa variance, means. (1) That the property owner proposes to use the property in a reasonable manner not permitted by the zoning code, (2) The plight of the landowner is due to circumstances unique to the property not created by the landowner; (3) The variance, if granted, will not alter the essential character of the locality. (l) Economic considerations alone do not constitute practical difficulties; (5) Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems; and (6) Public takings of property due to condemnation. (7) Variances shall be granted for earth sheltered construction as defined in Minn. Stats. § 216C.06, subd. 14, when in harmony with this chapter. (d) The planning commission may not permit as a variance any use that is not allowed under the zoning code for property in the district where the affected person's land is located. (e) The planning commission may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. ( The planning commission shall serve as the final decision -making authority. However, any action of the planning commission may be appealed to the council by any affected person if notice of such an appeal is received by the zoning administrator within ten days of the final action of the planning commission. (g) The variance is approved by resolution. (h) Recording of variance. A certified copy ofa variance resolution shall be recorded with the Anoka County recorder or registrar of titles for record. The variance resolution shall include the legal description of the