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City of Arden Hills City Council Meeting for March 28, 2016 P:\Planning\Planning Cases\2016\PC 16-005 - 3382 Lake Johanna Blvd - Variance\Memos_Reports_16-005 Page 3 of 6 City Engineer The City Engineer has reviewed the plans and noted that a Grading and Erosion Control Permit will be required for the project. Rice Creek Watershed District The Rice Creek Watershed District has reviewed the plans and determined that a permit is not required for the project. Minnesota Department of Natural Resources Municipalities are required to provide the Minnesota Department of Natural Resources (DNR) with a copy of the variance request for properties within designated shoreland areas at least 10 days before the public meeting. Staff notified the DNR about this application on February 17, 2016. No comments have been provided by the DNR at this time. Variance Evaluation Criteria On May 5, 2011, the Governor signed into law new variance legislation that changed the review criteria cities must use when evaluating variance requests. The new law renames the municipal variance standard from “undue hardship” to “practical difficulties,” but otherwise retains the familiar three-factor test of (1) reasonableness, (2) uniqueness, and (3) essential character. Also included is a sentence new to city variance authority that was already in the county statutes: “Variances shall only be 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.” Therefore, in evaluating variance requests under the new law, in order to find a practical difficulty, cities should adopt findings addressing the following questions: • Is the variance in harmony with the purposes and intent of the ordinance? • Is the variance consistent with the comprehensive plan? • Does the proposal put property to use in a reasonable manner? • Are there unique circumstances to the property not created by the landowner? • Will the variance, if granted, alter the essential character of the locality? As was the case before the new legislation took effect, economic considerations alone cannot constitute a practical difficulty. Furthermore, the new law clarifies that conditions may be imposed on granting of variances if those conditions are directly related to and bear a rough proportionality to the impact created by the variance.