Laserfiche WebLink
0 0 <br /> LEAGUE OF CONNECTING & INNOVATING <br /> MINNESOTA SINCE 1913 <br /> CITIES <br /> VARIANCES <br /> Frequently Asked Questions <br /> (Reflects 2011 law change) <br /> What is a variance? <br /> A variance is a way that a city may allow an exception to part of a zoning ordinance. It is a <br /> permitted departure from strict enforcement of the ordinance as applied to a particular piece of <br /> property. A variance is generally for a dimensional standard (such as setbacks or height limits). A <br /> variance allows the landowner to break a dimensional zoning rule that would otherwise apply. <br /> Who grants a variance? <br /> Minnesota law provides that requests for variances are heard by a body called the board of <br /> adjustment and appeals; in many smaller communities, the planning commission or even the city <br /> council may serve that function. A variance decision is generally appealable to the city council. <br /> For more information, see Minn. Stat. § 462.357. <br /> When can a variance be granted? <br /> A variance may be granted if enforcement of a zoning ordinance provision as applied to a <br /> particular piece of property would cause the landowner "practical difficulties." For the variance to <br /> be granted, the applicant must satisfy the statutory three- factor test for practical difficulties. 11 the <br /> applicant does not meet all three factors of the statutory test, then a variance should not be gr :mi ci. <br /> Also, variances are only permitted when they are in harmony with the general purposes and <br /> of the ordinance, and when the terms of the variance are consistent with the comprehensive p1:.:,. <br /> For more information, see Minn. Stat. $ 462.357. <br /> What kind of authority is the city exercising? <br /> A city exercises so- called "quasi-judicial" authority when considering a variance application. This <br /> means that the city's role is limited to applying the legal standard of practical difficulties to the <br /> facts presented by the application. The city acts like a judge in evaluating the facts against the <br /> legal standard. I f the applicant meets the standard, then the variance may be granted. In contrast, <br /> when the city writes the rules in zoning ordinance, the city is exercising "legislative" authority and <br /> has much broader discretion. <br /> What is practical difficulties? <br /> Practical difficulties is a legal standard set forth in law that cities must apply the when considering <br /> applications for variances. It is a three - factor test and applies to all requests for variances 10 <br /> constitute practical difficulties, all three factors of the test must be satisfied. For more inforn: ation. <br /> see Minn. Stat. S 462.357. <br /> L_ This material Is provided as general Information and Is not a substitute for legal advice. <br /> Consult your attorney for advice concemingspecific situations. <br /> LEAGUE OF MINNESOTA CITIES US UNIVERSITY AVE .WEST NIONF: (651)2814200 TAX : (651)2811298 <br /> INSURANCE TRUST ST. PAU, . MN 55103 -2044 TOLL FREE- (800)925-1122 WER:WWW.LMGORG <br />