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RELEVANT LINKS: <br /> C. Time limit <br /> Minn.stat.§15.99. A written request for a variance is subject to Minnesota's 60-day rule and <br /> must be approved or denied within 60 days of the time it is submitted to the <br /> city. A city may extend the time period for an additional 60 days, but only if <br /> it does so in writing before expiration of the initial 60-day period. Under the <br /> 60-day rule, failure to approve or deny a request within the statutory time <br /> period is deemed an approval. <br /> D. Documentation <br /> Whatever the decision, a city should create a record that will support it. In <br /> Minn.stat.§15.99,subd.2. the case of a variance denial, the 60-day rule requires that the reasons for the <br /> See LMC information memo, denial be put in writing. Even when the variance is approved, the city should <br /> Raking the Mvsfery ouf of consider a written statement explaining the decision. The written statement <br /> Findings ofFacf. should explain the variance decision, address each of the three practical <br /> difficulties factors and list the relevant facts and conclusions as to each <br /> factor. <br /> If a variance is denied, the 60-day rule requires a written statement of the <br /> Minn.stat.§15.99,subd.2. reasons for denial be provided to the applicant within the statutory time <br /> period. While meeting minutes may document the reasons for denial, usually <br /> a separate written statement will need to be provided to the applicant in <br /> order to meet the statutory deadline. A separate written statement is <br /> advisable even for a variance approval, although meeting minutes could <br /> serve as adequate documentation,provided they include detail about the <br /> decision factors and not just a record indicating an approval motion passed. <br /> VI. Variances once granted <br /> A variance once issued is a property right that "runs with the land" so it <br /> attaches to and benefits the land and is not limited to a particular landowner. <br /> A variance is typically filed with the county recorder. Even if the property is <br /> sold to another person, the variance applies. <br /> VII. Further assistance <br /> Jed Burkett If you have questions about how your city should approach variances under <br /> LMCIT Land Use Attorney <br /> jburkettCimc.org this statute, you should discuss it with your city attorney. You may also <br /> 651.28 L 1247 contact League staff. <br /> League of Minnesota Cities Information Memo: 11/15/2017 <br /> Land Use Variances Page 6 <br />