2018-07-10 P & Z Packet - Laserfiche WebLink

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RELEVANT LINKS: C. City ordinances Some cities may have ordinance provisions that codified the old statutory language, or that have their own set of standards. For those cities, the question may be whether you have to first amend your zoning code before processing variances under the new standard. A credible argument can be made that the statutory language pre-empts inconsistent local ordinance provisions. Under a pre-emption theory, cities could apply the new law immediately without necessarily amending their ordinance first. In any regard, it would be best practice for cities to revisit their ordinance provisions and consider adopting language that mirrors the new statute. Issuance of variances,LMC The models linked at the left reflect the 2011 variance legislation. While model ordinance. they may contain provisions that could serve as models in drafting your own Variance Application,LMC documents, your city attorney would need to review prior to council action model form. Adopting Findings of Fact, to tailor to your city's needs. Your city may have different ordinance LMC model resolution. requirements that need to be accommodated. IV. Other considerations A. Harmony with other land use controls Minn.stat.§462.357,subd. The 2011 law also provides that: "Variances shall only be permitted when 6. they are in harmony with the general purposes and intent of the ordinance See LMC information memo, and when the terms of the variance are consistent with the comprehensive Raking the Mvsfery ouf of plan." This is in addition to the three-factor practical difficulties test. So a Findings ofFacf. city evaluating a variance application should make findings as to: • 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? B. Economic factors Minn.stat.§462.357,subd. Sometimes landowners insist that they deserve a variance because they have 6. already incurred substantial costs or argue they will not receive expected revenue without the variance. State statute specifically notes that economic considerations alone cannot create practical difficulties. Rather,practical difficulties exist only when the three statutory factors are met. League of Minnesota Cities Information Memo: 11/15/2017 Land Use Variances Page 4