2B, Variance Update and Possible Zoning Code Amendment Discussion

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The purpose of this discussion is two-fold. The first goal is to discuss the state of variance law in Minnesota today and to understand where it is likely headed in this legislative session. The second goal is a much broader one. The housing stock in Arden Hills, as in all developed communities, continues to age. Chapter 7 of the 2030 Comprehensive Plan states that the goal for the City's housing stock is to, "Develop and maintain a land use pattern that strengthens the vitality, quality, and character of our residential neighhorhoods, commercial districts, and industrial areas while protecting the community's natural resources and developing a sustainable pattern for future development. " The City has several tools available to achieve its housing goals; one of these tools is through the City's Zoning Code, and how we regulate property in order to encourage or discourage reinvestment in the City's housing stock. Staff is seeking discussion and direction on whether certain amendments to the Zoning Code would help forward the City's housing goals. Legislative versus Quasi-Judicial Decisions Making Law State Statute gives cities the authority to regulate how land may be used. Cities have a wide range of discretion in developing a zoning ordinance and comprehensive plan because it is in this capacity that a city is exercising the powers that the State has granted. The adoption or amendment of a zoning ordinance is considered a legislative decision of the city council, which includes the function of making the law for the city. Courts generally give legislative decisions made by a city great deference and weight; however, the court will on occasion set aside or intervene in city zoning decisions if two important constitutional restraints in the federal and state constitution are violated. First, the courts may overrule a city zoning decision when it determines that a zoning ordinance is unsupported by any rational basis related to promoting public health, ,safety, morals, or general welfare. This is known as the "rational basis standard" and it is generally a very friendly standard for cities to meet. In instances where the court overrules a city's decision, the court usually will find that the city's actions were arbitrary and/or capricious. Second, when a zoning ordinance denies the landowner practically all reasonable use of the land, resulting in a "taking" of the land without just compensation; the court may order the city to pay compensation to the affected landowner. Applying Law In contrast, when administering an existing zoning ordinance by way of reviewing a land use or building permit application, the city's discretion is much more limited. Generally, when reviewing a land use application, with the exception of zoning or comprehensive plan amendments, the city is no longer acting in its legislative capacity. When reviewing land use City of Arden Hills City Council and Planning Commission Joint Work Session for February 22, 2011 lWetro-inetlardenhi11sL4dmin7Counci144gendas&Packet Information 12011 12-22-1 1 WorksessionTacket Information W2-22-I1 PC and CC Joint Work Session-Variance Discussion.doc Page 2 of 6