08.b2 Staff report Variance Extension Request
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Memorandum
To: Scandia City Council Reference: Variance Extension Request
Copies To: Brenda Eklund, Clerk
Ken Cammilleri, City
Administrator
Shannon Mulvehill, Applicant Project No.: 18408.000
From: Evan Monson, Planner Routing:
Date: October 10, 2022
SUBJECT: Extension of a previously approved variance request
MEETING DATE: October 18, 2022
BACKGROUND
The City approved a variance request back in February of 2018 for the construction of a detached garage
within the required setbacks from the bluff line, right-of-way, and side property line of 19235 Larkspur
Avenue North. The applicant was unable to construct the garage within a year of approval, and was
granted a one year extension to February of 2020. A second extension, this time a three year extension,
was approved by the City Council to allow the applicant until February of 2023 to begin construction on
the proposed project. Citing supply chain issues caused by the Covid-19 pandemic, and other challenges,
the applicant is requesting an additional extension.
Chapter One, Section 6.7 of the Development Code notes the expiration of variances occurs one year
from the date of approval, unless the applicant has commenced the proposed use authorized in the
variance. Acquiring a building permit and beginning construction on the project would count as the
applicant commencing the use. An extension for a period of longer than a year requires a
recommendation on the request be made by the Planning Commission, with final approval or denial made
by the City Council.
Variance Extension Request October 18, 2022
Scandia City Council Page 2
PLANNING COMMISSION REVIEW
The commissioners discussed two issues regarding this request: whether the commission has the legal
authority to issue such a request, and whether the request meets the threshold necessary to grant an
extension.
The full text of Chapter One, Section 6.7 is below:
Unless the variance was approved prior to the effective date of this Chapter, or the Board specifically
approves a different time when action is officially taken on the request, approvals which have been issued
under the provisions of this section shall expire without further action by the Planning Commission or the
Board, unless the applicant commences the authorized use or improvement within 1 year of the date the
variance is issued; or, unless before the expiration of the 1 year period; the applicant sha ll apply for an
extension thereof by completing and submitting a request for extension, including the renewal fee a s set
forth in City Ordinance. The request for extension shall state facts showing a good faith attempt to
complete or utilize the approval permitted in the variance. A request for an extension not exceeding 1
year shall be subject to the review and approval of the Zoning Administrator. Should a second extension
of time or any extension of time longer than 1 year be requested by the applicant, it shall be presented to
the Planning Commission for a recommendation and to the Board for a decision.
The language above does not specify if more than two extensions is prohibited. In discussing this with the
commissioners, the consensus was that the language allows extensions of over one year to be reviewed
by the Planning Commission and ultimately approved by the Council, even if a second extension has
already been granted.
The language above also notes that a request must ‘state facts showing a good faith attempt to complete
or utilize the approval permitted in the variance’. After discussing the request with the applicant, the
commissioners determined this was met.
OPTIONS
The City Council can grant an extension, or can deny the requested extension. If denied, the last/current
extension issued in 2019 will expire on February 20, 2023.
RECOMMENDATION
The Planning Commission recommended an extension to June of 2024 be granted for the applicant.