12-15-1997 Planning Packet - Laserfiche WebLink

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? * r ! I VARIANCE ANALYSIS State Laws Regarding Variances . •• The state of Minnesota has granted the authority to municipalities in the state to grant appeals to their zoning ordinances. MN Statutes 462.357, Subd. 6, grants the authority to the city of Orono to provide a method to appeal zoning ordinance requirements. These actions are commonly referred to as "variances”. Variances are typically reviewed by a body called the Board of Adjustment or Appeals or a Zoning and Planning Commission and/or City Council. The law specifically gives the authority to: To hear and decide ^^)eals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in enforcement of the To ning ordinance, and; 2) To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. Undue hardship as used in connectic .i with the granting of a variance means: The property in question cannot be put to reasonable use if used under conditions allowed by the official controls; and the plight of the landowner is due to circumstances unique to the property not created by the landowner; and 3) the variance, if granted, will not alter the essential character of the locality; and 4) there is inadequate access to direct sunlight for solar energy systems. In granting v^ances, the governing body may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. The governing body may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. However, the governing body may permit a variance for the temporary use of a one family dwelling as a two family dwelling. No definition of temporary is provided by state law. The courts have interpreted laws regarding variances to mean that the property owner shall Variance Analysis December 15, 1997 page--2