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2025-06-03 P & Z Packet
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2025-06-03 P & Z Packet
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Clari Ƽ es that conditions may be imposed on granting of variances if those conditions are <br />directly related to, and bear a rough proportionality to, the impact created by the variance. <br />2@=DžǃDŽDŽD9OJ=F9E=<L@=EMFA;AH9DN9JA9F;=KL9F<9J<>JGEȆMF<M=@9J<K@AHȇLGȆHJ9;LA;9D <br />di;MDLA=KǸȇ:MLGL@=JOAK=J=L9AF=<L@=>9EADA9JL@J==Ȏ>9;LGJL=KLG> <br />reasonableness <br />uniqueness <br />essential character <br />The League has developed models that re ƽ ect current variance law. Your city attorney should <br />review these models with you prior to council action to tailor them for your citys needs. <br />View the League model ordinance on issuance of a zoning variance (doc) <br />View the League model variance application form (doc) <br />View the League model resolution adopting Ƽ ndings of fact (doc) <br />Other considerations <br />Harmony with other land use controls <br />1L9L=D9OK9QKǸȆ49JA9F;=KK@9DDGFDQ:=H=JEALL=<O@=FL@=Q9J=AF@9JEGFQOAL@L@=?=F=J9D <br />purposes and intent of the ordinance and when the terms of the variance are consistent with <br />L@=;GEHJ=@=FKAN=HD9FȇȖMinn. Stat. § 462.357, subd. 6). This is in addition to the three-factor <br />practical diculties test. So, a city evaluating a variance application should make Ƽ ndings on <br />whether: <br />The variance is in harmony with the purposes and intent of the ordinance. <br />The variance is consistent with the comprehensive plan. <br />The proposal puts the property to use in a reasonable manner. <br />There are unique circumstances to the property not created by the landowner. <br />The variance, if granted, will not alter the essential character of the locality. <br />For more about Ƽ ndings of fact, see Taking the Mystery out of Findings of Fact <br />Economic factors <br />Sometimes landowners insist they deserve a variance because they have already incurred <br />substantial cost. They may also argue they will not receive expected revenue without the <br />variance. State statute speci Ƽ cally notes that economic considerations alone cannot create <br />practical diculties (Minn. Stat. § 462.357, subd. 6). Rather, practical diculties exist only <br />when the three statutory factors are met. <br />Neighborhood opinion <br />Neighborhood opinion alone is not a valid basis for granting or denying a variance request. <br />While city ocials may feel their decision should re ƽ ect the overall will of the residents, their <br />task is limited to evaluating how the variance application meets the statutory practical <br />diculties factors. <br />54 <br /> <br />
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