12-20-21-WS - Laserfiche WebLink

Home Browse Search

3 | Page The practical difficulties factors include (Minn. Stat. § 462.354, subd. 6.): • The property owner proposes to use the property in a reasonable manner. This factor means that the landowner would like to use the property in a specific, reasonable way but cannot do so under the rules of the ordinance. It does not mean that the land cannot be put to any reasonable use whatsoever without the variance. • The landowner’s situation arose out of circumstances unique to the property and not caused by the landowner. The uniqueness generally relates to the physical characteristics of the piece of property and economic considerations alone cannot create practical difficulties. • The variance, if granted, will not alter the essential character of the locality. This factor generally contemplates whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the surrounding area. Cities should grant variances when strict enforcement of a zoning ordinance causes practical difficulties. A landowner who purchased land knowing a variance would be necessary in order to make the property buildable is not barred from requesting a variance on the grounds the hardship was self-imposed. State law also requires granting “[v]ariances …only … 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.” In granting a variance, a city may attach conditions, but the conditions must directly relate to and bear a rough proportionality to the impact created by the variance. For example, if the variance reduces side yard setbacks, it may be reasonable for a city to impose a condition of additional screening or landscaping to camouflage the structure built within the normal setback. An applicant for a variance is not entitled to a variance merely because similar variances were granted in the past, although, in granting variances, a city ought to be cautious about establishing precedent. Questions that may be useful in reviewing a CUP request include: • What are the zoning requirements specific to the district the property owner is requesting flexibility from? • Does the variance negatively impact the adjacent properties or the neighborhood? • Is the variance establishing precedent? • Were the hardships created by the property owner? • Are economic hardships part of the hardship? • Planned Unit Development (PUD) Planned Unit Developments (PUDs) are a land use planning tool that allows developers greater flexibility with large-scale projects. A Planned Unit Development would allow the City to deviate from the zoning standards for a specific development without changing the Zoning Ordinance text for all property located in that same zoning district. Within a Planned Unit Development, the City can request higher standards for some elements of the development (such as higher quality building materials) in exchange for the reduced standards allowed (such as reduced lot sizes). These new standards are approved through a Planned Unit Development Agreement between the developer and the City. The Planned Unit Development Agreement is recorded on the property and is transferred to any future land owner. If standards within the Planned Unit Development Agreement need to be added, removed, or modified, then an amendment can be applied for. • What flexibility is requested?