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STAFF REPORT <br /> To: Planning Commission <br /> From: Kim Moore-Sykes,Assistant City Manager <br /> Date: May 17, 2011 <br /> Subject: New Variance Law <br /> On May 5, 2011, Gov. Dayton signed into law Chapter 19 of the 2011 Minnesota Laws which amends Minnesota <br /> Statutes, section 462.357, subd. 6 to restore municipal variance authority in response to the Minnesota Supreme <br /> Court's ruling in Krummenacherv. City of Minnetonka, 783 N.W.2d 721 (Minn June 24, 2010). <br /> This amendment became effective on May 6, the day after the Governor signed the bill. The new law renames <br /> the variance standard test of"undue hardship" to "practical difficulties" but otherwise retains the familiar three- <br /> factor test of reasonableness,uniqueness,and essential character. Also included in the new law was this <br /> additional sentence: "Variances shall only be permitted when they are in harmony with the general purposes and <br /> intent of the ordinance and when the terms of the variance are consistent with the comprehensive plan." <br /> The City Attorney and Staff are in the process of amending the City's Zoning Code on Variances to include the <br /> new language of Chapter 19. <br /> 05172011 Var law Staff Report.doc <br />