05-12-11-Planning Comm. Agenda - Laserfiche WebLink

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The applicants have supported their request for a variance from the five foot setback with a notation that the County took 10 feet of right of way for Rice Street at the time of the plat. Prior to that dedication, the sign would have been more than nine feet from the property line, a conforming condition. It should be noted that the plat was approved by the City in 2004, although building construction occurred after that, and sign construction is only occurring now. Variance. The City's typical standard for variance approval has been an examination of whether or not the property can be put to reasonable use without a variance, and whether or not there is a condition of the property that creates a hardship in putting the property to reasonable use. This has been a rigorous standard to meet, requiring an applicant to show that without the variance, the property was, essentially, not usable. For signage considerations, the hardship standard is even more difficult, since it is rare that a property owner could claim no reasonable use without a sign variance. This rigorous standard, based on reading of the state statutes governing zoning regulations, was confirmed by the Minnesota Supreme Court in 2010, when it overturned a variance approval in Minnetonka which was approved by the City base, in part, on a standard of "practical difficulties" — the standard used in the County Planning statutes in Statutes Section 394. The legislature, this past week, passed a revised statute which was signed by the governor on May 5, 2011. This revised statute (copy attached) synchs up the language between municipalities and counties, and replaces hardship with the "practical difficulties" language. The relevant section is as follows: To hear requests for variances from the literal provisions of the ordinance 2.21. 2.22 2.23 2.24 2.2 2.26 requirements of the zoning ordinance including 2.27restrictions placed on nonconformities. Variances shall only be permitted when they are in 2. 28harmony with the general purposes and intent of the ordinance and when the variances are 2. 29consistent with the comprehensive plan. Variances may be granted when the applicant for 2. 30the variance establishes that there are .ractical difficulties in com.l in_ with the zonin 2. 3/ordinance. "Practical difficulties," as used in connection with the granting of a variance, 2.32means that the property owner proposes to use the property in a reasonable manner not 2. 33permitted by the zoning ordinance; the plight of the landowner is due to circumstances 2. 34unique to the property not created by the landowner ;; and the variance, if granted, will not 2. 35alter the essential character of the locality. Economic considerations alone shaft do not 3. /constitute 3.2 practical difficulties.