Laserfiche WebLink
TO: TJBarrett <br />FROM: BKWhitney <br />RE: Variance for <br />DATE: July 19, 1988 <br />MEMORANDUM <br />I <br />Private Dock on Unbuild ble <br />I. Factual Background <br />A landowner of an unbuildable lot in the City of <br />Orono's LR-lC zoning district has constructed a private dock <br />without a permit. The lot contains no structuLes. <br />Unce, the City's zoning ordinance, a private dock is <br />considered an "Accessory Use." The landowner seeks a variance, <br />permitting the dock as an accessory uF;a wnether principal use or <br />structure. The City questit-is whet-har it car, is.suP such a <br />variance in light of Minnesota Stz as, section § 462.357 which <br />states that a City "may not permit a variance any use that is <br />not permitted under the ordinance .or property in the zone where <br />the affected person'o land is located." Minn. St. -it. § 462.357, <br />subd. 6(2) (1987). <br />II. Legal Issu-- <br />Does Minnesota Statues, section 462.357, subdivision <br />6(2) which prihibits "use" variances permit the City of Orono to <br />grant a variance allowing an accessory use in the absence of a <br />principal use? <br />Iii. Conclusion <br />The Minnesota statute does not L:rohibit granting a <br />variance to permit an accessory use without a principal use <br />because such a variance con:,citutes a "nonuse" variance rather <br />than prohibited "use" variance. An accessory use is essentially <br />a permitted use allowed only under certaic: conditions - i.e., <br />the existence of a principal use. In thi.. way the accessory use <br />operates like site development requirement.:, such as lot sire, <br />density, and parking requirements. F.xcQl)tions to s-.te <br />development requirements do not represen'_ prohibited use <br />variances and instead are permissible noru— a variances. As a <br />nonuse variance, this would not violate t_'. state law. <br />Moreover, such a variance is consistent wifli the ooiicy <br />distinction between use and nonu,:e variar�,- <br />