3.c Scandia Variance PresentationVariance Presentation, City of Scandia
May 1, 2019
Andy Pratt
What is a Variance?
•An exception to some part of the City’s Zoning Ordinance (in
Scandia, this is known as the Development Code).
•Strict application of Development Code can be burdensome.
•Usually applies to dimensional standards.
•Affected property essentially has its own zoning ordinance.
•GRANTING A VARIANCE DOES NOT SET A PRECEDENT!
•Variances “run with the land.” They do not live and die with an
individual landowner.
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How is a Variance Granted?
•Ultimate granting authority is the City Council, known as the Board
of Zoning Adjustments and Appeals.
•Variance application filed with City; once application is complete,
60-day clock begins.
–If application incomplete, must send written notice to applicant within 15
business days of receipt of application
•If Council does not act within 60 days, application is deemed
granted.
–City may place one 60-day extension (written notice needed)
–Applicant may approve further extensions (written notice needed)
•Planning Commission holds public hearing. PC makes
recommendation to Council.
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How is a Variance Granted?
•City Council votes (simple majority)
–Resolution of approval
–Resolution of denial –must make adequate findings and conclusions
•Council may place conditions upon variance, if they are directly
related to and bear a rough proportionality to the impact created by
the variance.
–Example: Placing an aesthetic condition on a height variance.
•Variances expire in one year, unless applicant commences use
authorized by variance. No action of Council is needed for variance
to expire.
•No delinquent property taxes, special assessments, interest, or City
utility fees due on parcel(s) subject to variance.
Variance Legal Standards
•PRACTICAL DIFFICULTIES
–Applicant proposes to use property in a reasonable manner.
–Noncompliance is due to unique circumstances on the property.
–Variance will not alter the essential character of the locality.
–Economic conditions alone do not constitute practical difficulties.
»Asking for an exception to the Development Code to complete a
cheaper project is not good enough.
Reasonable Manner
•In 2011, the Minnesota Supreme Court interpreted this prong to
mean “is there a reasonable use of the property in the absence of a
variance?” Krummenacher v. City of Minnetonka.
•If the Krummenacher decision stood, it would be very difficult for
cities to grant variances.
•The Legislature changed the test to the “practical difficulties”
standard, more specifically the proposal to use the property in a
reasonable manner AFTER the variance is granted.
•Example: Is it reasonable for a house addition to intrude 5-feet into
a 20-foot side yard setback?
Unique Circumstances
•Arguably the most difficult prong of the practical difficulties test to
meet.
•Uniqueness generally relates to the physical characteristics of the
property. Is there a particular reason related to the property why
noncompliance with the Development Code is necessary?
•Example: Property has steep slopes all around. Landowner would
like to build garage (reasonable use of property to have an
accessory building). But the only flat space is within a yard setback.
For a “regular” lot, this would not be a unique circumstance.
Essential Character
•Will the project/structure be out of scale, or out of place, with the
community?
•Example: Does a building expansion that intrudes into a yard
setback make the entire neighborhood look different?
Other Circumstances
•Variance must be in harmony with general purposes and intent of
Development Code.
•Variance must be consistent with the Comprehensive Plan.
•Effect of repeated variance requests on Development Code.
•Neighborhood opinion cannot be deciding factor.
•Variance cannot be used to allow a prohibited use in the underlying
zoning district.
–Example: Variance requested to allow industrial uses within a
residential district.
•If building is nonconforming, variances may be needed for new
projects.
–Example: Building is nonconforming and landowner seeks to expand.
Questions?
Eric Sherburne
City Attorney
715-808-8832
esherburne@eckberglammers.com
Andy Pratt
651-351-2125
apratt@eckberglammers.com