HomeMy WebLinkAbout01 Staff Report - PC11_0628
Meeting Date
June 28, 2011
Agenda Item
1
Title
Ordinance amending the Falcon Heights variance code to be consistent with new Minnesota statute
Submitted By
Deborah Jones,
Staff Liaison
Description
Falcon Heights city code needs to be updated to conform to changes in state law with respect to variances.
Background
The 2010 Minnesota Supreme
Court decision on Krummenacher vs. the City of Minnetonka had a major impact on the ability of cities to grant variances, requiring a much stricter standard than had been the practice
for many years. As the League of Minnesota Cities Legislative Update put it, the Court
narrowly interpreted the 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 reasonable use in the absence of the variance. This is a much stricter standard,
which considerably limits variance opportunities.
The complete Legislative update is at http://www.lmc.org/page/1/varianceruling.jsp
In April 2011, the Governor signed into law a new
statute that returns to the “reasonable manner” understanding that was in use before the Krummenacher ruling. (http://www.lmc.org/page/1/variancebill.jsp) During the interim Falcon Heights
did not have any variance cases.
Falcon Heights city code needs to be kept consistent with state law. The proposed ordinance, attached, will bring the code up to date with respect
to this change.
Budget Impact
None
Attachment(s)
Proposed ordinance amending Section 113-415 (clean and with mark-up showing changes
Existing Section 113-62 Variances
Minnesota
H.F. 52, affective May 6, 2011
Published notice of the hearing on this matter
Reference materials from the League of Minnesota Cities
Action(s) Requested
Hold a public hearing on
the proposed ordinance
Make a recommendation to the City Council