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515 Little Canada Road, Little Canada, MN 55117-1600 <br />(612) 484 -2177 / FAX: (612) 484 -4538 <br />October 18, 1996 <br />TO: Mayor Fahey and Members of the City Council <br />FROM: Kathy Glanzer, Administrative Assistant <br />RE: Variance Criteria Used to Determine Hardship <br />MAYOR <br />Michael 1. Fahey <br />COUNCIL <br />Beverly Scalze <br />Jim LaValle <br />Steve Morelan <br />Bob Pedersen <br />ADMINISTRATOR <br />Joel R. Hanson <br />Attached is a copy of the State Statute which defines the <br />criteria used to determine hardship in the consideration of <br />variance applications. Also attached are copies of the criteria <br />used by surrounding cities as well as Little Canada in <br />determining hardship. You will note that the statutory <br />provisions are applied differently by the various cities. I have <br />asked the City Attorney to be prepared to comment on this issue <br />at Wednesday's meeting. <br />Also attached is a copy of the Conditional Use Permit process <br />used by the City of Maplewood. <br />Finally, in reviewing the action taken by the Council on <br />September 25th with regard to the Jebens variance application, <br />the Council moved to approve the variance. That motion failed. <br />Subsequently, the Council did not take action to deny the <br />variance. As you know, State Statute requires Council action <br />within 90 days on applications such as variances. Failure by the <br />City to take action within the 90 -day period results in automatic <br />approval. Since a resolution to approve which does not pass <br />seems to leave the matter somewhat in limbo, I would recommend <br />the Council take more definitive action on the Jebens request. <br />If the request is not approved, it would be my recommendation <br />that Council take action to deny. <br />Page 82 <br />