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RELEVANT LINKS: <br /> III. Legal standards <br /> When considering a variance application, a city exercises so-called"quasi- <br /> judicial" authority. This means that the city's role is limited to applying the <br /> legal standard of practical difficulties to the facts presented by the <br /> application. The city acts like a judge in evaluating the facts against the legal <br /> standard. If the applicant meets the standard, then the variance may be <br /> granted. In contrast, when the city writes the rules in zoning ordinance, the <br /> city is exercising "legislative" authority and has much broader discretion. <br /> A. Practical difficulties <br /> "Practical difficulties"is a legal standard set forth in law that cities must <br /> apply when considering applications for variances. It is a three-factor test <br /> and applies to all requests for variances. To constitute practical difficulties, <br /> all three factors of the test must be satisfied. <br /> 1. Reasonableness <br /> The first factor is that the property owner proposes to use the property in a <br /> reasonable manner. This factor means that the landowner would like to use <br /> the property in a particular reasonable way but cannot do so under the rules <br /> of the ordinance. It does not mean that the land cannot be put to any <br /> reasonable use whatsoever without the variance. For example, if the variance <br /> application is for a building too close to a lot line or does not meet the <br /> required setback, the focus of the first factor is whether the request to place a <br /> building there is reasonable. <br /> 2. Uniqueness <br /> The second factor is that the landowner's problem is due to circumstances <br /> unique to the property not caused by the landowner. The uniqueness <br /> generally relates to the physical characteristics of the particular piece of <br /> property, that is, to the land and not personal characteristics or preferences <br /> of the landowner. When considering the variance for a building to encroach <br /> or intrude into a setback, the focus of this factor is whether there is anything <br /> physically unique about the particular piece of property, such as sloping <br /> topography or other natural features like wetlands or trees. <br /> League of Minnesota Cities Information Memo: 11/15/2017 <br /> Land Use Variances Page 2 <br />