PCAgenda_07Feb27 - Laserfiche WebLink

Home Browse Search

INSTRUCTION FOR APPLICANTS REQUESTING A VARIANCE • PURPOSE The purpose of granting a "Variance" is to provide relief from the strict application of the provisions of the zoning code in cases where such strict application would cause undue hardship. Variances are intended to allow some relaxation in the application of the performance standards controlling such items as lot area, building location, height, and setback. They are not intended to either establish or enlarge a use which is not already permitted within the zoning district. CRITERIA In order to grant a variance, the city shall consider the evidence presented to it by the applicant and must determine that the request does not violate the following criteria: a. The granting of the variance will not be detrimental to the public health, safety, or welfare; b. the conditions upon which the variance is based are unique to the property for which it is sought and are not generally applicable; c. the conditions which create the need for the variance are due to the particular shape, topography, or other natural characteristics of the land and are not due to actions taken by the applicant; • d. the variance will not in any way adversely affect the purpose and the intent of the city's comprehensive guide plan or zoning code. Additional standards are listed in Chapter 9-15.03 subdivision (4) of the city's zoning code. These references are subject to change under the 2006 recodification of the code. PROCEDURE Applicant Responsibility 1. The applicant should become familiar with the provisions set forth in Chapter 9-15.03 subdivision (1-6) in the zoning code. 2. The applicant will meet with the city staff to discuss his/her request. For this meeting, the applicant must prepare a site sketch plan showing the proposed change and including all relevant dimensions. Staff will work with property owners to avoid having variance requests submitted that do not meet the required criteria for granting a variance. 3. If no solution is found or if the property owner feels that a variance is the only amenable solution to him/her, then the owner/applicant must obtain the following information from staff: a. An application form entitled "City of Falcon Heights Planning Application". b. Instruction sheet entitled "Procedure for Obtaining a Variance". • 4. The applicant submits one signed copy of the application to the city at least 21 calendar days prior to the date of the planning commission meeting at which time the applicant wishes S:\Fomts\Zoning and Building Forms\Instruction for Variance Applicants -updated 2006.doc