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STAFF REPORT To: Chair and Planning Commissioners From: Kim Moore-Sykes, Assistant City Manager Date: June 21,2011 Subject: Amending Zoning Ordinance 152.245 Variances Background. At the May 31,2011 City Council work session,Staff reported on the need to amend the City's Zoning Ordinance 152.245,Variances. On May 5, 2011, Gov. Dayton signed into law, Chapter 19 of the 2011 Minnesota Laws which amends Minnesota Statutes, section 462.357, subd. 6 to restore municipal variance authority in response to the Minnesota Supreme Court's ruling in Krmmmenacher v. City of Minnetonka, 783 N.W.2d 721 (Minn June 24,2010),which resulted in the cities being unable to grant variances since it was their stance that generally properties can be put to some reasonable use without a variance. This amendment that became effective on May 6, one day after the Governor signed the bill, changes the standard for granting variances from"undue hardship" to requiring the applicant to establish that there are "practical difficulties" associated with the property in complying with the City's zoning code. The new law still retains the familiar three-factor test of reasonableness, uniqueness, and essential character previously associated with"undue hardship"in explaining reasons for noncompliance with the zoning code. Also included in the new law was this additional sentence: "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." The City Attorney and Staff drafted the attached amendment to the City's Zoning Code on Variances to include the new language of Minnesota Statutes, Chapter 19 for the Planning Commission's consideration and recommendation. Attachments. • Revised Ordinance 2011-OOX • Letter from the City Attorney RE:Variance Ordinance amendment • League of Minnesota Cities' White Paper on the Variance Legislation F:\PIanning\Staff Reports\2011\0621201 I Variance ordinance amendment stf rpt.doc06212011 Variance ordinance amendment stf rpt.doc