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Home My WebLink About[05] Deutz - Variance Planning Commission Agenda Item 5 MEETING DATE: February 8, 2016 AGENDA ITEM: Public Hearing, Mike Deutz 819 19th Ave NE Exterior Relief SUBMITTED BY: Administration PREVIOUS PLANNING COMMISSION ACTION: BACKGROUND INFORMATION: The Ordinance governing Industrial properties has long included a provision that requires a percentage of the building to be adorned. As properties in the Industrial areas apply for building permits the property owners are required to add the adornment. Examples include: Precise, Finken, and American Manufacturing. The Building Official has meet with the property owner, identifying ways that the requirement could be met. The property owner opted to apply for a variance instead as he wants all his buildings to be similar. Since a variance is controlled by Statute, I have included information as to the requirements for granting and the criteria. The Planning Commission must determine if the criteria has been met. Additionally, if granted, the Commission needs to determine the impact to other property owners and how the requirement will be implemented. For your convenience I have included in your packet the information from the League of MN Cities regarding the granting of variances. ATTACHMENTS: Request for Planning Commission Action Hearing Notice Application for Variance Notification of Need for Variance Applicable Ordinance Draft Findings of Fact LMC Guide for Variances REQUESTED PLANNING COMMISSION ACTION: Determine if the application meets the Statutory requirements for granting a variance and forward a recommendation to the City Council. This page intentionally left blank . �. CITY OF ST. OS�PH 1 www.cityof stjoseph.com City of St.Joseph Public Hearing Building Exteriors-Variance The St.Joseph Planning Commission will be conducting a public hearing on Monday, February Administrator 8, 2016 at 6:00 PM in the St.Joseph City Hall, 25 College Avenue N to consider a variance to �udy Weyrens relieve the exterior requirements. St.Joseph Code of Ordinances 502.58 subd. 9(cJ states: Pre- finished architectural metal panels,with a minimum twenty(20)year manufacturer color-fast warranty, may be used as a construction material.A minimum of twenty-five (25%)of the Mayor exterior building finish directly facing streets, exclusive of windows and doors, shall consist of R�ck Schultz materials comparable to: face brick; natural stone or cultured rock;glass;vinyl; stucco; aluminum; lapsiding; cut block; and concrete block(the surface must be treated with an Councilors applied decorative texture or material. Pre-cast or cast in place concrete buildings shall Macc Killam provide the same amount of adornment. Bob Loso Renee Symanietz The property for which variance is sought is located at 819—19th Ave NE; legally described as Dale Wick Lot 002, Block 001 of T.J.Addition, Stearns County, MN. The request for variance has been submitted by Mike Deutz; 8480 County Road 75, St.Joseph, M N 56374. �Judy Weyrens Administrator Publish: January 22, 2016 I �� j� i �,� �, s� rr�� i � .r' s,.g��,� '' . �.s�3�o i � , i ;'+ � vvi irraev vwNc �- .....�.. .3 ; WDO '� 3895380Q06U2� , �1'JFC?C+II IC.N �,._.,.� .� 84.53350.WM7p .84.538W.00')! �' : .............__,.,,.... ..........__.....,,,,, ... ........... ,, ._._............,...._.._..m.�.- . 3 2 84.57965.W53 347Qp2A0 '. ; , Subject Property < 0653794.0[OD �. 819—19th Ave N E z,s College Avenue North • PO Box 668 • Saint �oseph, Minnesota 56374 phone 320.363.7zoi Fax 3zo.363.o34z . � �� "`W""`�"��`"�"' Appiication for Variance �,�°Uk� c��-v o� s�r. �os�pH �� , , REQUIRED APPLICATION INFORMATION APPLICANT INFORMATION: Name(s): '`�\1� t-i�,�� Address,City,State,and Zip Code: �� ,� �� / � �\' �� LP �7�f PhoneNumber�sf: �� `�O/ ��L E-maiiAddress: �� 1�� •�Urn PROPERTY OWNER INFORMATION: Name(s�: �� Ga CG�.��u-¢� Address,City,State,and Zip Code: Phone Number(s�: E-mail Address: List the Article(s)and Section(s)of the Land Development Code the applicant is seeking a variance from: 012��n c�c�2. Sb�.S8 sc��c� S �l4 I ��, �v e� � � Street Address of SubJect Property � Appiicant's Interest in Subject Property: � Contractual(Atiach Evidence) � Freehold Complete Legal DescripHon of Subject Property: �" � ��o , l��K I T J . /�-c��r"-�i v� �--e�r ns �,oc�x,-G� � m�( 1. State exacily what is intended to be done on or wffh the property whtch does not conform wHh the present Land Development Code: ��'(�, �ui l I �r �c�-h`c� � �r�f�-t /1�,�:�i �r� �n�. � � 2. What reasonable use of your property is lost(practical dffficuRtes)by the strict enforcement of the land Development Code? Pleasej. distfnguish loss of property rights from personal preference. � � �(,brs �� I� ��- �'Yler�� S�i..�-- �-o�' �l '� t'� � r �i�-- � �� `�^^ �-�,p� 6� au..�L �ob�S � 5r��nfi— � ��(�� - �U�- yia�- f�- ��=�, ,� �5S� ��-� d�s�.�-�.� � b�� s " or u� �✓t �-�-1..<._ ax,K. 3.Please answer the following questions as they relate to your specific variance request: � A. In your opinion,is ihe variance in harmony wffh the purposes and intent of the Land Development Code? Yes � No � Why or why not? �,.�(r1 I��5�-�c�— f1�t:i;i� `��t�:'-— B. In your opinton,is the variance consistent with the City's Comprehensive Plan? Yes � No � Why or why not? C. In your optnion,does the proposal put property to use in a reasonable manner? Yes � No � Why or why nof? (;�m�i�u� �+� �c��-� ��,ec�r�S. � D. In your opinion,are there circumstances unique to the property? Yes a No � Why or why not? P v�'t�' �U ��.�n C�nSl��l�" �I-�4� ��. < � ��a;� 1�� E. In your opinion,will the vartance maintain the essential character of the locality? Yes � No � Why or why not? � ,�� t�, � ��,, ((�� t,I S� S—�t�r� �� I c � �� The Planning Commission must make an afftrmative finding on al!�ive criterRa listed above in order to grant a variance. The applicant for a variance has the burden of proof to show that all of the criteria listed above have been satisfied. I NEREBY CERTIFY THAT I HAVE READ, EXAMINED AND UNDERSTAND THIS APPLICATION AND THAT THE INFORMATION SUBMITfED HEREIN AND ATTACHED HERETO IS TRUE,ACCURAT ND CORRE Y STATES MY INTENTIONS. � / ApplicantSignature(s� Print Name ��G �v� �ate ��'° l� Properfy Owner Signature(s) Print Name �� Date ��O ''� STAFF USE ONLY Application Fee Received by Date Received Request for variance from Article ,Section for the Land Development Code requires .. �, • � , • , � • . • � . • ' � - . �� ,, �� ■ ■ ■ ■ �� ■�� _ - � ■ ■ ■ ■ �� i � � ■ � �� = � .� — - ; ■ ■ ■ ■ �� ., - . � ' �� i ■ ■ ■ ■ �� ; ■ ■ ■ ■ . .. - : � i ■ ■ ■ ■ � ■ ■ ■ ■ � i � i ■ ■ , '. - � � ■ ■ ■ ■ i � ■ ■ ■ • • , - ' � ■ ■ ■ ■ � � ■ � ■ ; ■ ■ ■ ■ �� : � � ■ ■ - � � � � ■ �� i � ■ ■ ■ ; � � � ■ . . �� ■ � ■ ■ � � ■ ■ � ; � � ■ ■ � � ■ ■ ■ ■ � � ■ ■ ■ �■ � ■ � ■ ■ , � ■ ■ ■ ■ � ■ ■ ■ ■ �� ■ ■ ■ ■ � - ■ � ■ ■ i ■ ■ ■ ■ �� ■ � ■ � � � ■ ■ � ` �� ■ ■ ■ ■ ��' ; ■ ■ ■ ■ � ■ ■ ■ ■ � � ■ ■ � � � ■ ■ ■ �■�� ■ ■ ■ ■ � ■ ■ ■ ■ � ■ ■ ■ ■ � � ■ ■ ■ ■ ,�„�� ■ ■ ■ ■ ; � ■ ■ ■ � ■ ■ ■ ■ i ■ ■ ■ ■ �� i ■ ■ ■ ■ � ■ ■ ■ ■ � ■ ■ ■ � �� i ■ ■ ■ ■ � ■ ■ ■ ■ �� ■ ■ �� i � ■ ■ � _ w ■ ■ � � �� ; ■ ■ ■ ■ �■�■i ; � ■ ■ ■ , � ■ ■ � � '��" e � � ■ ■ �� i ■ ■ � �`i � i � � � � . ; ■ ■ ■ i �� ■ ■ ■ ■ — ; �� i ■ ■ ■ ■ . ;�■ ■ ■ , � � � � ■ : ; � � � ■ �� ■ ■ � ■ i � ■ ■ ■ � ■ ■ ■ ■ �■� ; � ■ ■ ■ �� i ■ ■ ■ ■ �� ; ■ ■ ■ ■ �� i ■ � � � '■��' � ■ ■ ■ ■ �■� i ■ ■ ■ ■ �' , r ■ ■ ■ , ; ■ ■ ■ ■ ; ■ ■ ■ ■ �� ■ ■ ■ ■ ;� ; � ■ ■ ■ - �� i ■ ■ ■ ■ �,� � � ■ ■ ■ � ■ ■ ■ ■ � ■ ■ ■ ■ �■� � ■ ■ ■ ■ ; ■ ■ ■ ■ �� ■� �� ---_ � , � ■ ■ ■ �� i ■ ■ ■ ■ � ■ ■ r ■ �■� i ■ ■ ■ ■ ■■�� ■ � ■ ■ �� i ■ ■ � ■ �� ; ■ ■ ■ ■ �� ,� � ■ ■ ■ ■ ,�� ■ ■ ■ ■ , � � � � � � � ■ ■ ■ : � � � ■ � —� � ■ � � � j � ■ ■ ■ ■ � ■ � ■ ■ .. 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Inspectron, Inc. Code Compliance Inspections 15120 Chippendale Ave. Suite 202 Rosemount, MN 55068 Phone 651-322-6626 Toll Free 800-322-6153 Fax 651-322-7580 December 14, 2015 Mike Deutz Box 639 St. Joseph, MN 56374 Mike, As per our discussion on the new storage building wall that faces the street, you will need a variance unless you can meet the Ordinance 502.58 subd Pre-finished architectural metal panels, with a minimum twenty(20) year manufacturer color-fast warranty, may be used as a construction material. A minimum of twenty-five (25%) of the exterior building finish directly facing streets, exclusive of windows and doors, shall consist of materials comparable to: face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum lap siding; cut block; and, concrete block (the surface must be treated with an applied decorative texture or material). Pre-cast or cast in place concrete buildings shall provide the same amount of adornment. I have enclosed a application for variance if you would like to go that route. Please fill out and return to City halL Thanks, Gary Utsch Building Inspector www.inspectroninc.com ORDINANCE 502 – ZONING ORDINANCE b) Loading Docks. All loading docks shall conform to the standards set forth in Section 502.10. No loading docks or overhead doors shall directly face County State Aid Highway 75. c) Building Exteriors. All construction of new facilities, excluding additions that are less than 30% of the existing structure, shall consist of pre-cast or cast tip up concrete walls, concrete block (painted or decorative), and stick built construction and shall include footings that meet the requirement of the MN State Building Code, in relation to frost protection. Pre-finished architectural metal panels, with a minimum twenty (20) year manufacturer color-fast warranty, may be used as a construction material. A minimum of twenty-five (25%) of the exterior building finish directly facing streets, exclusive of windows and doors, shall consist of materials comparable to: face brick; natural stone or cultured rock; glass; vinyl; stucco, aluminum lapsiding; cut block; and, concrete block (the surface must be treated with an applied decorative texture or material). Pre-cast or cast in place concrete buildings shall provide the same amount of adornment. Accessory Building located in the rear yard or behind the principal structure, and not visible from the public right-of-way must have an exterior harmonious with the principal structure, all other accessory buildings must meet the 30% adornment requirement stated above. (*section subsequently renumbered) Updated 502.58, Subd. 9(c) on 1/2005 d) Every applicant for a permit develop or expand any industrial property in the City shall be required to submit a complete and accurate statement concerning the specific nature of the use to which the property is to be put and shall certify that the proposed use shall comply with all regulations, ordinances, or special provisions which may apply. e) The Planning Commission shall have the right to require any additional information, corrections, or control, deemed necessary for the protection of the public. The Planning Commission shall have the right to hire expert consultants, at the permittees' expense, to assist in the establishment of special restrictions for any Industrial Use. f) Every applicant shall be required to submit for approval a landscape plan providing for the planting of trees and other vegetation. g) Any use creating periodic earthshaking vibration shall be prohibited if undue vibrations are perceptible beyond boundaries of the property on which the use is located. This standard shall not apply to vibrations created during the process of construction. 502.58-6 STATE OF MINNESOTA CITY OF ST JOSEPH COUNTY OF STEARNS VARIANCE PROCEEDINGS FINDINGS OF FACT AND DECISION In the matter of: Mike Deutz Variance Request: Exterior building requirements in the LI-Light Industrial District. On February 8, 2016, the St. Joseph Planning Commission conducted a public hearing to consider the application of Mike Deutz to consider a variance relieving building exterior requirements in the LI-Light Industrial Zoning District. The property is located at 819— 19"'Ave NE and the matter was duly published and notice was provided to property owners within 350 feet of the above referenced property. The St. Joseph Planning Commission acknowledged the following Findings of Fact in consideration of the request for Variance to allow for relief from building exterior requirement in the LI-Light Industrial Zoning District as indicated in St. Joseph Code of Ordinances 502.58 subd. 9(c): 1. November 2015 Mike Deutz purchased the property at 819 19"'Ave NE, which is adjacent to property he currently owns and is developed with storage units. The property was purchased to utilize the existing main building for an office and remove other structures so that additional storage units could be constructed. 2. On December 4, 2015 the City received an application from Mike Deutz to construct the new storage facility; however the application was denied as the new building would not meet setback requirements. The property owner had intended to combine the lots to one legal parcel, allowing for the construction, but that had not occurred at the time of application. 3. On January 13, 2016 the City received verification that the two properties have been merged and the application for variance was accepted. 4. The subject property is located at 819—19"'Ave NE; legally described as Lot 002, Block 001 of T.J. Addition, Stearns County, MN. 5. St. Joseph Code of Ordinances 502.58 Subd. 9(c) states: Pre-finished architectural metal panels, with a minimum twenty year manufacturer color-fast warranty may be used as a construction material. A minimum of twenty-five (25%) of the exterior building finish directly facing streets, exclusive of windows and doors, shall consist of materials comparable to: face brick; natural stone or cultured rock; glass; vinyl; stucco; aluminum; lapsiding; cut block; and concrete block. Pre-cast or cast in place concrete buildings shall provide the same amount of adornment. 6. An application has been received by Mike Deutz to relieve the requirement that twenty-five (25%) of the exterior building finish directly facing streets, exclusive of windows and doors, shall consist of materials comparable to: face brick; natural stone or cultured rock; glass; vinyl; stucco; aluminum; lapsiding; cut block; and concrete block. 7. Granting of a variance is controlled by MN Statute and requires the applicant to meet ALL the following criteria: a. The proposed use is allowed in the Zoning district in which the subject property is located. b. The proposed use is in harmony with the general purposes and intent of the official controls. c. The variance must be consistent with the comprehensive plan. d. The variance may be granted IF there are practical difficulties in complying with the official control. i. The property owner proposes to use the property in a reasonable manner. ii. The plight of the landowner is due to the circumstances unique to the property and not created by the landowner. iii. The variance, if granted, will not alter the essential character of the locality. iv. The need for variance involves more than economic conditions. 8. The applicant has indicated on the application for variance that the building will be consistent with existing mini-storage units. DECISION AND CONCLUSION Based on the foregoing Finding of Fact and Decision and Conclusion, the St. Joseph Planning Commission recommends the City Council approve/deny the Variance as requested by Mike Deutz relieving the building exterior requirements in the LI-Light Industrial District in order to construct a storage building at 819—19`h Ave NE: 1. 2. 3. Adopted this 8t'day of February; 2016. ST. JOSEPH PLANNING COMMISION By Rick Schultz, Chair By Judy Weyrens, Secretary Drafted by: City of St. Joseph PO Box 668 St. Joseph MN 56374 320.363.7201 This page intentionally left blank O � INFORMATION MEMO j,EAGUE oF Land Use Variances j\/�IN N ESOTA CITIES Learn about variances as a way cities may allow an exception to part of their zoning ordinance. Review who may grant a variance and how to follow and document the required legal standard of `practical difficulties"(before 2011 called "undue hardship"). Links to a sample ordinance and forms for use with this law. RELEVANT LINKS: I. What is a variance A variance is a way that a city may allow an exception to part of a zoning ordinance. It is a permitted departure from strict enforcement of the ordinance as applied to a particular piece of property. A variance is generally for a dimensional standard(such as setbacks or height limits).A variance allows the landowner to break a dimensional zoning rule that would otherwise apply. Sometimes a landowner will seek a variance to allow a particular use of their property that would otherwise not be permissible under the zoning ordinance. Such variances are often termed"use variances"as opposed to "area variances"from dimensional standards.Use variances are not Minn.Stat.§462357,suba. ��erally allowed in Minnesota—state law prohibits a city from permitting 6. by variance any use that is not permitted under the ordinance for the zoning district where the property is located. II. Granting a variance Minn.Stat.§462357,Suba. Minnesota law provides that requests for variances are heard by a body 6� called the board of adjushnent and appeals; in many smaller communities, the planning commission or even the city council rnay serve that function.A variance decision is generally appealable to the city council. Minn.Stat.§462357,sUba. A variance may be granted if enforcement of a zoning ordinance provision 6� as applied to a particular piece of property would cause the landowner "practical difficulties."For the variance to be granted,the applicant must satisfy the statutory three-factor test for practical difficulties. If the applicant does not meet all three factors of the statutory test,then a variance should not be granted. Also,variances are only permitted when they are in harmony with the general purposes and intent of the ordinance,and when the terms of the variance are consistent with the comprehensive plan. Thfs material is provided es general infortnation and is not a substltute for legal�rice.Consuk your attomey for advice oonaminp spsciflc�s. 145 Urdvenity Ave.West www.lmc.org 6/1/2011 Saint Paul,MN 55103-2044 (651)281-1200 or(800)925-1122 �2013/W Righb Reaerved RELEVANT LINKS: III. Legal standards When considering a variance application a city exercises so-called"quasi- judicial"authority. This means that the city's role is limited to applying the legal standard of practical difficulties to the facts presented by the application. The city acts like a judge in evaluating the facts against the legal standard. If the applicant meets the standard,then the variance may be granted. In contrast,when the city writes the rules in zoning ordinance,the city is exercising"legislative" authority and has much broader discretion. A. Practical difficulties "Practical difficulties"is a legal standard set forth in law that cities must apply when considering applications for variances. It is a three-factor test and applies to all requests for variances. To constitute practical difficulties, all three factors of the test must be satisfied. 1. Reasonableness The first factor is that the property owner proposes to use the property in a reasonable manner. This factor means that the landowner would like to use the property in a particular reasonable way but cannot do so under the rules of the ordinance. It does not mean that the land cannot be put to any reasonable use whatsoever without the variance. For example,if the variance application is for a building too close to a lot line or does not meet the required setback,the focus of the first factor is whether the request to place a building there is reasonable. 2. Uniqueness The second factor is that the landowner's problem is due to circumstances unique to the property not caused by the landowner. The uniqueness generally relates to the physical characteristics of the particular piece of property,that is,to the land and not personal characteristics or preferences of the landowner. When considering the variance for a building to encroach or intrude into a setback, the focus of this factor is whether there is anything physically unique about the particular piece of property, such as sloping topography or other natural features like wetlands or trees. League of Minnesota Cities Information Memo: 6/1/2011 Land Use Variances Page 2 RELEVANT LINKS: 3. Essential character The third factor is that the variance, if granted,will not alter the essential character of the locality. Under this factor, consider whether the resulting structure will be out of scale,out of place,or otherwise inconsistent with the surrounding area. For exaxnple,when thinking about the variance for an encroachment into a setback,the focus is how the particular building will look closer to a lot line and if that fits in with the character of the area. B. Undue hardship 2011 Minn.Laws,ch.19, °�Undue hardship"was the name of the three-factor test prior to a May 2011 amending Minn.Stat.§ 462.357,suna.6. change of law. After a long and contentious session working to restore city variance authority,the fmal version of HF 52 supported by the League and allies was passed unanimously by the Legislature. On May 5,Gov.Dayton signed the new law. It was effective on May 6,the day following the governor's approval. Presumably it applies to pending applications,as the general rule is that cities are to apply the law at the time of the decision, rather than at the time of application. Knrmmenacher v.City qf 'I'he 2011 law restores municipal variance authority in response to a Minnetonka,783 N.W.2d 721 (Minn.June 24,Zoio�. Minnesota Supreme Court case,Krummenacher v. Ciry of Minnetonka. It Minn.Stat.§462357 subd, also provides consistent statutory language between city land use planning �. statutes and county variance authority, and clarifies that conditions may be M�nn.s�t.�39a.2�,sUba.�. imposed on granting of variances if those conditions are directly related to, See Section I,w�r�a and bear a rough proportionality to,the impact created by the variance. variance. In Krummenacher,the Minnesota Supreme Court narrowly interpreted the statutory definition of"undue hardship"and held that the"reasonable use" prong of the"undue hardship"test is not whether the proposed use is reasonable,but rather whether there is a reasonable use in the absence of the variance. The new law changes that factor back to the"reasonable manner" understanding that had been used by some lower courts prior to the Krummenacher ruling. The 2011 law renamed the municipal variance standard from"undue hardship"to"practical difficulties,"but otherwise retained the fatniliar three-factor test of(1)reasonableness,(2)uniqueness, and(3)essential See N-A,Harmony with character. Also included is a sentence new to city variance authority that was other land use controls. a�T'ga(�y jn�le COLUl�/Stltllt@S. Lsague�Minnesota C�ies Informetion Memo: N1/2011 Land Use Variances Ppa 3 RELEVANT LINKS: C. City ordinances Some cities may have ordinance provisions that codified the old statutory language, or that have their own set of standards. For those cities,the question may be whether you have to first amend your zoning code before processing variances under the new standard. A credible argument can be made that the statutory language pre-empts inconsistent local ordinance provisions.Under a pre-emption theory, cities could apply the new law immediately without necessarily amending their ordinance first. In any regard, it would be best practice for cities to revisit their ordinance provisions and consider adopting language that mirrors the new statute. �c moaei ora�nan�e. The samples linked at the left reflect the 2011 variance legislation. While LMC model variance they may contain provisions that could serve as models in drafting your own application form. (�OCUIYIEI1tS�your city attorney would need to review prior to council action LMC model resolution to tailor to your city's needs. Your city may have different ordinance adopting findings of fact. TCC1UlI'eril@11tS ti1St lleed t0 b8 aCCOTTIIllOC�Sted. IV. Other considerations A. Harmony with other land use controls Minn.Stat.§462357,sura. 'The 2011 law also provides that: "Variances shall only be permitted when 6. they aze in harmony with the general purposes and intent of the ordinance See LMC infomiation memo, �d when the terms of the variance are consistent with the comprehensive Tuking the Mvstery out of plan."This is in addition to the three-factor practical difficulties test. So a Findings ofFa<<. city evaluating a variance application should make findings as to: • Is the variance in harmony with the purposes and intent of the ordinance? • Is the variance consistent with the comprehensive plan? � Does the proposal put property to use in a reasonable manner? • Are there unique circumstances to the property not created by the landowner? • Will the variance, if granted,alter the essential character of the locality? B. Economic factors Minn.Stat.§462357,su�. Sometimes landowners insist that they deserve a variance because they have 6� already incurred substantial costs or argue they will not receive expected revenue without the variance. State statute specifically notes that economic considerations alone cannot create practical difficulties. Rather,practical difficulties exist only when the three statutory factors are met. League of Minneeota Cities Informatbn Memo: 6/1/2011 Land Use Variances Pape 4 RELEVANT LINKS: C. Neighborhood opinion Neighborhood opinion alone is not a valid basis for granting or denying a variance request. While city officials may feel their decision should reflect the overall will of the residents, the task in considering a variance request is limited to evaluating how the variance application meets the statutory practical difficulties factors. Residents can often provide important facts that may help the city in addressing these factors,but unsubstantiated opinions and reactions to a request do not form a legitimate basis for a variance decision. If neighborhood opinion is a significant basis for the variance decision,the decision could be overiurned by a court. D. Conditions Minn.Stat.§462357,SUna. A city may impose a condition when it grants a variance so long as the 6. condition is directly related and bears a rough proportionality to the impact created by the variance. For instance, if a variance is granted to exceed an otherwise applicable height limit, any conditions attached should presumably relate to mitigating the effect of excess height. V. Variance procedural issues A. Public hearings Minnesota statute does not clearly require a public hearing before a variaace is granted or denied,but many practirioners and attomeys agree that the best practice is to hold public hearings on all variance requests.A public hearing allows the city to establish a record and elicit facts to help determine if the application meets the pra.ctical difficulties factors. B. Past practices While past practice may be ins�uctive,it cannot replace the need for analysis of all three of the practical difficulties factors for each and every variance request. �n evaluating a variance request, cities are not generally bound by decisions made for prior variance requests. If a city finds that it is issuing many variances to a particular zoning standard,the city should consider the possibility of amending the ordinance to change the standard. League of Minnesote Ci�ss Information Memo: 6/1/2011 Land Use Varian�s Pap�5 RELEVANT LINKS: C. Time limit M�n,,.stac.§�s.99. A written request for a variance is subject to Minnesota's 60-day rule and must be approved or denied within 60 days of the time it is subrnitted to the city. A city may extend the time period for an additiona160 days,but only if it does so in writing before expiration of the initia160-day period.Under the 60-day rule,failure to approve or deny a request within the statutory time period is deemed an approval. D. Documentation Whatever the decision, a city should create a record that will support it. In Minn.Stat.§15.99,S„ba.2. the case of a variance denial,the 60-day rule requires that the reasons for the See LMC information memo, denial be put in writing. Even when the variance is approved,the city should rak;�g rhe M��sre,��our of consider a written statement explaining the decision. The written statement F;,,a;,r�s ofFa��. should explain the variance decision, address each of the three practical difficulties factors and list the relevant facts and conclusions as to each factor. If a variance is denied,the 60-day rule requires a written statement of the Minn.Stat.§15.99,Suba.a. reasons for denial be provided to the applicant within the statutory time period. While meeting minutes may document the reasons for denial,usually a separate written statement will need to be provided to the applicant in order to meet the statutory deadline.A separate written statement is advisable even for a variance approval, although meeting minutes could serve as adequate documentation,provided they include detail about the decision factors and not just a record indicating an approval motion passed. VI. Variances once granted A variance once issued is a property right that"runs with the land"so it attaches to and benefits the land and is nat limited to a particular landowner. A variance is typically filed with the county recorder. Even if the property is sold to another person,the variance applies. VII. Further assistance J�B'�� If you have questions about how your city should approach variances under LMCIT I.and Use Attomey jburkett@lmc.org this statute,you should discuss it with your ciry attorney. You may also 6si.ssi.i2a� contact League staff. Tom Gmndhcefer, LMC General Counsel tgrundho@lmc.org 651.281.1266 League of Minnssota C�Information Memo: 6N/2011 Land Use Variances Pps 8