Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Variance application.
An application for a variance from the
requirements of this chapter must be submitted to the zoning administrator and
contain:
A. a statement setting forth
the precise nature and extent of the proposed variance and the reasons the
variance is being requested;
B.
supporting documentation necessary to provide a complete description of the
proposal including site plan, architectural plans and drawings, topographical
information, and project cost data; and
C. a detailed statement addressing each of
the applicable variance criteria contained in this chapter and the reasons the
variance request conforms to those criteria.
Subp. 2.
Disposition of variance
requests.
The board shall grant or deny a variance request pursuant
to the procedures in items A to E and the standards in subpart
3.
A. Upon receipt of a variance request or the
determination by the zoning administrator that a variance is needed, the zoning
administrator must send written notice to all persons who have registered their
names with the board for the purpose of being notified of rulemaking
proceedings or variance requests and to all parties who may be affected by the
decision. The notice must be sent to all owners and possessors of record of
property within 350 feet of the property.
The notice must contain a brief description of the variance
request, a statement that any person wishing to comment on the request may do
so in writing, and a statement that the board will not act on the variance
request until interested persons have been afforded at least 30 calendar days
after the issuance of the notice to submit their comments.
B. If, after receiving the variance request,
the board determines that additional information is needed, it may direct the
person seeking the variance to submit additional data regarding the variance
request to the board or the zoning administrator or to appear before the board
or the zoning administrator to provide additional information.
C. To facilitate full consideration of a
variance request, the board may, in its discretion, request that the person
seeking the variance and other persons who have submitted written comments
regarding the variance appear before the board to make arguments to the board.
The board must provide persons requested to appear notice of the request at
least seven days before the board meeting at which the variance request is to
be considered. This procedure does not constitute a contested case as defined
in Minnesota Statutes, section
14.02, subdivision
3.
D. If a person requesting a
variance fails to follow the variance procedures specified in this part, the
variance shall be denied.
E. Within
30 days after its action on the request, the board must set forth in writing
and submit to the person requesting the variance and other persons who have
submitted written comments the reasons why it has granted or denied the
variance request.
Subp.
3.
Standards for review of variance
requests.
The board may grant a variance to the application of any
of its rules, except for its design standards and sign rules, only if it
determines that all of the following criteria have been met:
A. the property in question cannot be put to
a reasonable use under the strict application of the rules;
B. the plight of the landowner is due to
circumstances unique to the property, and the circumstances were not created by
the landowner;
C. the proposed
variance is in keeping with the spirit and intent of this chapter and is
consistent with the health, safety, comfort, morals, and welfare of the
inhabitants of the Capitol area and the city of St. Paul;
D. the proposed variance does not impair an
adequate supply of light and air to adjacent property, nor does it alter the
essential character of the surrounding area or unreasonably diminish
established property values within the surrounding area;
E. the variance request, if granted, does not
permit any use that is not permitted under this chapter for the property in the
district where the affected land is located, nor does it alter or change the
zoning district classification of the property; and
F. the request for variance is not based
solely on the desire to increase the value or income potential of the land
parcel.
Subp. 4.
Variances to design standards.
The board may grant a variance
to the application of the design standards in this chapter only if it
determines that:
A. strict application
of the design rules would prevent implementation of a design that, in terms of
meeting the intent of this chapter, is equal to or superior to the design
alternatives authorized by this chapter; and
B. the criteria in subpart
3, items B to F, have been
met.
Subp. 5.
Variances to sign rules.
The board may grant a variance to
application of its sign rules only if it determines that:
A. unusual conditions exist with respect to a
specific building or lot that require the installation of a unique
sign;
B. the granting of the
variance does not result in the installation of a sign in a zoning district in
which such a sign is not permitted by this chapter; and
C. the criteria in subpart
3, items B to F, have been
met.
Statutory Authority: MS s
15B.06
