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"We are unable to interpret the statutory language to mean anything other than what the text <br />clearly says—that to obtain a municipal variance, an applicant must establish that "the property <br />in question cannot be put to a reasonable use if used under conditions allowed by the official <br />controls."" (Krummenacher vs. City of Minnetonka, A08-1988 at 20) <br />This analysis from the Supreme Court means that municipalities are limited by the plain <br />language of the statute. That is, as the law now stands, a City cannot grant a variance unless it <br />is clear that the property owner cannot put the property to any reasonable use without the <br />variance. All cities, however, still have their own "community standards" to guide their planning <br />and land use decisions, including variances. This means the City decides what is a "reasonable <br />use" - not State Statute. This is important since it provides the City the opportunity to decide <br />what a reasonable use is in instances — especially where the City has clear standards and <br />expectations. It also is important to note that the best decisions that cities make are those that <br />the Planning Commission or City Council supports with a clear and well reasoned record or set <br />of findings. Variance decisions also require such analysis and documentation. <br />Section 1125.02, Subd. 2 of the City Code outlines the seven criteria (the City standards) that <br />Mounds View has set to approve a variance (attached). Staff is not proposing any changes to <br />these criteria at this time. There is a strong possibility that the State Legislature could change <br />the State law about variances in 2011 to give cities more latitude and flexibility to approve <br />variances. If the State changes the law, then the City can decide what if any changes are <br />necessary to the City Code. <br />Going forward, the City needs to consider variance requests more carefully. Based on this <br />recent Court ruling, the standard for approval has changed — could the owner use the property <br />in a reasonable manner without a variance? If so, then the City should not grant the variance. <br />Recommendation: <br />Staff recommends that Planning Commission members review the attached information and <br />come to the October 6, 2010 meeting prepared with questions and discussion points. <br />!ctor <br />Attachments: <br />1. LMC Summary <br />2. Case Summary <br />3. Case <br />4. LMC Information <br />5. LMC FAQ <br />6. Section 1125.02 of the City Code (Variances) <br />7. Recent articles from the Star Tribune about Variances <br />