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Variances Variances are an exception to rules laid out in a zoning ordinance. They are permitted departures from strict e��forcement of the ordinance as-applied to a particular piece of property if strict cause the owner"undue hardship." Variances are generally for dimensional enforcement would P standards (such as setbacks or height limits) and may not be used to allow a use that is prohibited in the particular zoning district. Essentially, variances allow the landowner to break the dimensional rules that would otherwise apply. Undue hardshipis a legal standard set forth in Minn. Stat. § 462.357, sub. 6. Minnesota cities must apply More Information the state statutory standard when considering L.MCIT has answered cities' most PP a lications for variances. The statute provides that frequently asked questions related . requests for variances are heard by a body called the to. board of adjustment and appeals; in many smaller communities planning the lannin commission serves that Variances function. Generally, the board's decision is subject to 0 Land Use Nonconformities appeal to the city council. Under the statutory undue PP Conditional Use Permits hardship standard, a landowner is entitled to a variance if, and only if, the facts satisfy the three- factor test for undue hardship. c or is that the property cannot be put to a reasonable use without the The first undue hardship fat p p. Y variance. This factor means the landowner would like to use the property in a particular reasonable manner but cannot do so under the rules of the ordinance, It does not mean the land cannot be an put to reasonable use whatsoever without the variance. P Y a The second undue hardship factor is that the landowner's plight is due to circumstances unique to the property not caused b the landowner. The uniqueness generally relates to the physical P P Y Y -characteristics of the particular piece of property;that is,to the land and not personal considerations of the landowner. The statute further notes that economic considerations alone cannot create an undue hardship._ factor is that the variance, if ranted, will not alter the essential character The third undue hardship fa g i This factor generally contemplates whether the resulting structure will be out of of the locality. g Y P scale, out of place, or otherwise inconsistent with the surrounding area. If the facts surrounding a variancepp Y application satisfy all three of the statutory factors, then the landowner is entitled to the variance. Whatever the ultimate decision on a particular variance application, city should carefully consider each of the three factors of the statutory undue PP , a Y hardship standard. While past practice may be instructive, it cannot replace the need for analysis ha p P of all three of the undue hardship factors. Cities should review their zoning ordinance for provisions relatingto variances to be sure they are consistent with the state statutory standard for undue hardship. issuing man variances to a articular standard,then the city may wish to If a city finds it is i g y P consider the possibility of amendingthe ordinance to change the standard. In other words, if a city 2