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MEMORANDUM DATE: 2 December 1991 TO: FROM: Roseville City Council and Planning Commission John Shardlow; Dahlgren, Shardlow, and Uban, Inc. RE: Minor Variances One of the topics for discussion at tonight's work session is the minor variance process. As part of this discussion, I would like to review: 1) Variances generally; 2) Minor variances generally, as established in the Roseville Code; 3) Minor variances specifically, as they have been granted historically in the City; and 4) Potential courses of action. I have attached for your review excerpts from the Roseville Code describing the standard variance process and the minor variance process, from Chapter 12 of the Code. I have also attached a rather lengthy summary of the legal foundation for variances from a textbook on planning and zoning law. Although written by lawyers, with many case references and notes, the material is clearly presented and easily followed, I believe, and provides an excellent primer on the subject. I will use many of these ideas to assist in the discussion Monday night. Rick Jopke has also prepared a summary of the hundreds of minor variances which have been granted by the City, and will be prepared to discuss the results of that analysis. It is our opinion, given the number and nature of these minor variances, that the standards in the R-1 District have effectively been changed. Furthermore, this has been accomplished by means of neighborhood approval and a staff committee, not by a thorough review and modification of the Code by the Planning Commission and Council. We have discussed this with the City attorney, who concurs with this view. Basically, there are three options: 1) Keep the process as it is. 2) Modify the minor variance process to address specific concerns. 3) Abolish the minor variance process altogether, leaving in place the standard variance process, and modifying the R-1 requirements to reflect current community standards. I will be prepared to discuss the ramifications of these options after we have had a chance to review this material together.