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00 LEAGUE of MINNESOTA CITIES What is a variance? CONNECTING & INNOVATING SINCE 1913 VARIANCES Frequently Asked Questions A variance is a way that a city may allow an exception to part of a zoning ordinance. It is a permitted departure from strict enforcement of the ordinance as applied to a particular piece of property. A variance is generally for a dimensional standard (such as setbacks or height limits). A variance allows the landowner to break a dimensional zoning rule that would otherwise apply. Who grants a variance? Minnesota law provides that requests for variances are heard by a body called the board of adjustment and appeals; in many smaller communities, the planning commission or even the city council may serve that function. A variance decision is generally appealable to the city council. For more information, see Minn. Stat. § 462.357. When can a variance be granted? A variance should be granted if strict enforcement of the zoning ordinance as applied to a particular piece of property would cause the landowner "undue hardship." The landowner is generally entitled to the variance if and only if the applicant meets the statutory three-factor test for undue hardship. If the applicant does not meet all three factors of the statutory test, then a variance should not be granted. For more information, see Minn. Stat. § 462.357. What kind of authority is the city exercising? A city exercises so-called "quasi judicial" authority when considering a variance application. This means that the city's role is limited to applying the legal standard of undue hardship to the facts presented by the application. The city acts like a judge in evaluating the facts against the legal standard. If the applicant meets the standard, then the variance should be granted. In contrast, when the city writes the rules in zoning ordinance, the city is exercising "legislative" authority and has much broader discretion. What is undue hardship? Undue hardship is a legal standard set forth in law that cities must apply the when considering applications for variances. It is athree-factor test and applies to all requests for variances. To constitute undue hardship, all three factors of the test must be satisfied. For more information, see Minn. Stat. § 462.357. This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. LEAGUE OF MINNESOTA CITIES 145 UNIVERSITY AVE. WEST PxoivE: (651) 281-1200 EAx: (651) 281-1298 INSURANCE TRUST ST. PAUL. MN 55]03-2044 TOLL FREE: (8OO) 9zS-1122 WEB: WWWLMC,ORG properties and the public interest. The board of adjustment may consider the inability to use. solar energy systems a "hardship" in the granting of variances.