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RELEVANT LINKS: See Appendix A: Pyramid of discretion. LMC information memo, Land Use 1'nrtances. Minn. Slat. g 462.357, sub. 6. The amount of discretion a city has when making legislative versus quasi - judicial decisions is represented by the planning and zoning "pyramid of discretion." The bottom of the pyramid is where a city has the most discretion —when creating a comprehensive plan and corresponding land uses ordinances, such as a zoning ordinance. A city has less discretion when making quasi-judicial decisions as represented by the middle of the pyramid —the city is constrained by the ordinance and law that make up the foundation below. II. Variances Variances are an exception to rules laid out in a zoning ordinance. They are permitted departures from strict enforcement of an ordinance provision as applied to a particular piece of property if enforcement would cause "practical difficulties." Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the terms of the variance are consistent with the comprehensive plan. Variances are generally for dimensional standards (such as setbacks or height limits) and may not be used to allow a use that is prohibited in the particular zoning district. Essentially, variances allow the landowner to break the dimensional rules that would otherwise apply. A. Practical difficulties "Practical difficulties" is a legal standard set forth in state law. Minnesota cities must apply the state statutory standard when considering applications for variances. The statute provides that requests for variances are heard by a body called the board of adjustment and appeals; in many smaller communities, the planning commission serves that function. Generally, the board's decision is subject to appeal to the city council. Under the statutory practical difficulties standard, a city may grant a variance if the facts satisfy the three - factor test for practical difficulties. 1. Use property in a reasonable manner The first practical difficulties factor is that the property owner proposes to use the property in a reasonable manner. This factor means that the landowner would like to use the property in a particular reasonable way but cannot do so under the rules of the ordinance. It does not mean that the land cannot be put to any reasonable use whatsoever without the variance. For example, if the variance application is for a building too close to a lot line, or does not meet the required setback, the focus of the first factor is whether the request to place a building there is reasonable. League of Minnesota Cities Information Memo: 6/1/2011 Zoning Decisions Page 2