2. Chapter 20 Code Amendment Concerning Variances0
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
MEMORANDUM
TO: Planning Commission
FROM: Angie Kairies, Planner I
DATE: June 7, 2011 - �c
SUBJ: City Code Amendment
Chapter 20, Zoning — Variances
PROPOSED MOTION:
"The Chanhassen Planning Commission recommends that City Council adopt
the attached ordinance amending Chapter 20 of the Chanhassen City Code."
BACKGROUND
Finance
On May 5, 2011, the Governor signed the new law amending Minnesota Statutes
Phone: 952.227.1140
2010, sections 394.27, subdivision 7; 462.357, subdivision 6. which regulates the
Fax: 952.227.1110
standards for granting a variance and applies to counties, cities, and towns with
zoning controls to allow local government more flexibility in granting variances.
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
In June 2010, a Supreme Court ruling of the Krummenacher vs. City of Minnetonka
variance case changed the standards for granting variances by local municipalities.
Recreation Center
The ruling redefined the term "hardship" stating "a municipality does not have the
2310 Coulter Boulevard
authority to grant a variance unless the applicant can show that the property cannot be
Phone: 952.227.1400
put to a reasonable use without the variance." (e.g. construction of a single - family
Fax: 952.227.1404
home on single - family lot). This standard does not allow the local government
Planning &
flexibility in granting variances. Therefore, staff advised applicants that the city
Natural Resources
could not grant a variance under the new law.
Phone: 952.227.1130
Fax: 952.227.1110
The preceding variance standard was determined in the 1989 Rowell vs. City of
Moorhead case. In this ruling, "hardship" was interpreted as "the applicant would
Public Works
like to use the property in a reasonable manner that is prohibited by the ordinance."
7901 Park Place
Phone: 952.227.1300
(e.g. expansion of a nonconforming structure). This standard allowed cities flexibility
Fax: 952.227.1310
in granting variances.
Senior Center During the "no variance" time frame, staff catalogued variances in the city from 1990
Phone: 952.227.1125 to 2010 to determine if there was a re- occurring request or area of the city that could
Fax: 952.227.1110 result in an ordinance amendment to resolve the issue.
Web Site
www.ci.chanhassen.mn.us
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Planning Commission
Chapter 20, Zoning — Variances
June 7, 2011
Page 2 of 5
Variance requests include:
• Accessory structure area
• Beach lots/Docks
• Building Architecture/Height
• Fence height
• Hard surface coverage
• Lighting standards
• Lot area, width, frontage, depth
• Mother -in -law Apartment
• Multiple principal structures on a single lot
• Parking requirements
• Subdivision (Private streets, Right -of -Way width, Flag lots)
• Setbacks (front, side, or rear yard, bluff, shoreland, wetland, collector street, Bluff Creek
Overlay District)
• Signs
Staff found that from 1990 to 2010 the request for a setback variance far exceeded any other
request. Of the setback requests, the front yard setback variances are the most frequent request;
however, they are not specific to any one area of the city.
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Requests from 1990 -2010
70
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- E 30
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Type
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Based on these findings, staff opted to wait for the new state variance law to be enacted.
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Staff recommends approval of the proposed ordinance amendment consistent with Minnesota
Statutes 2010, sections 394.27, subdivision 7; 462.357, subdivision 6.
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Based on these findings, staff opted to wait for the new state variance law to be enacted.
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Staff recommends approval of the proposed ordinance amendment consistent with Minnesota
Statutes 2010, sections 394.27, subdivision 7; 462.357, subdivision 6.
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Planning Commission
Chapter 20, Zoning — Variances
June 7, 2011
Page 3 of 5
ANALYSIS
On May 5, 2011 the Minnesota State Statute governing variances went into effect. The statute
allows local government more flexibility in granting variances by eliminating the term
"hardship ", and allows a zoning authority to issue a variance based on "practical difficulties ".
"Practical difficulties" are described as follows:
• "the property owner proposes to use the property in a reasonable manner not permitted by
an official control;
• the plight of the landowner is due to circumstances unique to the property not created by
the landowner; and
• the variance, if granted, will not alter the essential character of the locality."
Finally, a variance may be issued only if it is "in harmony with the general purposes and intent"
of the ordinance and consistent with the comprehensive plan.
The table below illustrates the differences between the old variance standards and the new
variance standards.
VARIANCE LEGISLATION
OLD
NEW
I
Undue Hardship (cannot be put to a
Practical Difficulties (a reasonable use of the
reasonable use)
property)
2
In Keeping with Spirit & Integrity of
In Harmony with General Purpose and Intent
Zoning Ordinance
of Zoning Ordinance
3
--
Consistent with the Comprehensive Plan
4
Economic Consideration Alone Not
Same
Sufficient
5
Use Variances Prohibited
Same
6
Not Alter Essential Character of the
Same
Locality
7
Not a Self Created Hardship
Same
8
Can Impose Conditions to Ensure
Conditions Must be Directly Related to Any
Compliance and to Protect Adjacent
and Must Bear A Rough Proportionality to
Properties
the Impact Created by the Variance
Planning Commission
Chapter 20, Zoning - Variances
June 7, 2011
Page 4 of 5
PROPOSED CHANGE: Amend Section 20 -58 to provide as follows:
General conditions for granting.
A variance may be granted if all of
the following criteria are met:
(1) Variances shall only be permitted when they are in harmony with the general
purposes and intent of this Chapter and when the variances are consistent with the
comprehensive plan. Th th ut °,. ..1 °..fe e °,.,°„+ o f this e - wo u ld e ause „a
made by a maj efity ef eefnpaftable pfepei4y v��in 500 feet ef it. The intent of this
.t t ll....... p r o lifer a tion o ane but to r-eeogn t i n develope
neighbor-hoods pr-eexisting standards exist. Var-ianees that blend with these pr-eexisfing
standards without depafting dey,%war-d ffem them meet these er-iter-i .
(2) When there are practical difficulties in complying with the zoning ordinance.
"Practical difficulties," as used in connection with the granting of a variance, means
that the property owner proposes to use the property in a reasonable manner not
permitted by this Chapter. Practical difficulties include, but are not limited to,
inadequate access to direct sunlight for solar energy systems. That th ,. litions upo
w zza petition vi� var-i is based are not apphc gener +., O th ef ,.,-
withi th s .1 ati
(3) That the purpose of the variation is not based upon economic considerations alone
d es i re to ; ° th . a1.,° . i neeme e t°„t;.,l of the par-eel of l an d. 1
(4) The plight of the landowner is due to circumstances unique to the property not
created by the landowner. That the alleged d ff;e„lt hardship i s n ot a e lf , °„t °,a
hardship.
(5) The variance, if granted, will not alter the essential character of the locality. That th
granting of the var-ianee will not be detfimen4a! to the publie welfilfe or- injur-ious to et
land or improvements in the neighbor-hood in w-hieh the par-eel of land is lee-.-Atedh
(6) Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Tha4 the
proposed var-iation will not impair- an adequate supply of fi& and air to adjaeefA pr-epef�y
diminish o .. °..t... aloes within the n
The Findings of Fact and Decision will be also revised in accordance with the above ordinance
amendment.
Planning Commission
Chapter 20, Zoning — Variances
June 7, 2011
Page 5 of 5
RECOMMENDATION
Staff recommends that the Planning Commission recommend approval of the attached ordinance
amending Chapter 20 of the Chanhassen City Code pertaining to Variances.
ATTACHMENTS
1. Ordinance Amending Chapter 20, Zoning.
2. Revised Findings of Fact and Decision: Variances.
g: \plan \City Code\2011\2011 -08 Chapter 20 Variances \PC memo variance.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
X'aQ •
AN ORDINANCE AMENDING CHAPTER 20 OF THE
CHANHASSEN CITY CODE, THE CITY'S ZONING ORDINANCE,
CONCERNING VARIANCES
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
SECTION 1 . Section 20 -58 of the Chanhassen City Code is amended to provide as follows:
General conditions for granting. A variance may be granted
. dju stmei s eit-y eouneil only if all of the following criteria are met:
(1) Variances shall only be permitted when they are in harmony with the general
purposes and intent of this Chapter and when the variances are consistent with the
comprehensive plan. That the liter-a! eafereemeal of this ehapter- would eause tmdi
made by a ffiajer-ity of eempamble pr-epeAy within 500 feet ef it. The Wet4 ef this
neighber-heeds preexisting standar-ds exist. Var-ianees dia4 blend with these pr-eexisfing
st an d ar d s . ,i d epai . in a,,.,,.,., ar - f ,.,.,. them meet those ter ,
(2) When there are practical difficulties in complying with the zoning ordinance.
"Practical difficulties," as used in connection with the granting of a variance, means
that the property owner proposes to use the property in a reasonable manner not
permitted by this Chapter. Practical difficulties include, but are not limited to,
inadequate access to direct sunlight for solar energy systems. That the eefidifiens upeft
withi the S .1 fi .
(3) That the purpose of the variation is not based upon economic considerations alone
(4) The plight of the landowner is due to circumstances unique to the property not
created by the landowner. That the a4leged diffietifty or- hardship is not a self or-eme
(5) The variance, if granted, will not alter the essential character of the locality. That the
land or- impr-evemea4s in the neighbor-heed in w-hieh the par-eel of land is
(6) Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter, eke
proposed vaFiatienA411 flet impair- an adequate supply of light and air- te adjaeefA pro
distanees, or iner-eases the danger- ef fire, of endanger- the publie safety er- substafifially
diminish er * . . . . Ay values within the neighbor-heed.
SECTION 2 . This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this day of , 2011, by the City Council of
the City of Chanhassen, Minnesota.
ATTEST:
Todd Gerhardt, Clerk/Manager Thomas A. Furlong, Mayor
(Published in the Chanhassen Villager on , 2011).
g: \plan\city code\2011\2011 -08 chapter 20 variances \ordinance amendment.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of for variance for the purpose of — Planning
Case #
On , the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and
mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned
2. The property is guided in the Chanhassen Comprehensive Plan for use.
3. The legal description of the property is
4. Variance Findings — Section 20 -58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding:
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding:
c. That the purpose of the variation is not based upon economic considerations alone.
Finding:
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding:
e. The variance, if granted, will not alter the essential character of the locality.
Finding:
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding:
5. The planning report #, dated , prepared by , et al, is incorporated herein.
DECISION
The Board of Appeals and Adjustments approves planning Case _ as shown in plans
dated received , for a variance.
20 .
ADOPTED by the Chanhassen Board of Appeals and Adjustments this _ day of _,
CITY OF CHANHASSEN
mm
Chairman
g: \plan\forms \findings of fact and decision - variance.doc
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