Adopt Ordinance #25-10 Amending Chapters 2 and 106 Pertaining to Variances

The City Council voted to introduce the ordinance at its November 10, 2025, meeting by a vote of four in favor and two opposed with one member absent. 

At its September 23 work session, the City Council directed staff to prepare a Code Amendment to give the City Council the approval authority on variances following a recommendation from the Planning Commission.  The current process is that the Planning Commission holds public hearings on variances and approves or denies the variance, and then, if requested, the variance can be appealed to the City Council.  When the City Council reviews a variance, it is required to be based off the practical difficulties (the findings) that the Planning Commission used to make its decision and determine if the findings were applied correctly.  

State Statutes 462.357 Subd. 6 authorizes a community's "Board of Appeals and Adjusment" (the "Board") to grant variances in line with criteria called "practical difficulties," but it does not say which people constitute that Board.  It is most common that communities have their City Councils act as the Board.  Some communities have the Planning Commission or even a separate committee altogether act as the Board.  

The current process has been in place for over 20 years, although a Code Amendment was passed in 2017 (Ordinance #17-03) that officially consolidated the Board duties and the Planning Commission duties.  Prior to 2017, the Planning Commission and the Board were the same people, though seated in different capacities.  When a variance was requested, the Planning Commission recessed its meeting and then convened as the Board of Appeals and Adjustment to hear variances.  After acting on the variance request, the Board adjourned and reconvened as the Planning Commission.  The 2017 amendment made it so the recessing/reconvening was not needed by officially merging the Planning Commission and the Board of Appeals and Adjustment.  

Pros of the Planning Commission's (or other committee) approval authority:
1.  Saves the applicant approximately 2 weeks to get an answer.
2.  Any appeal of the Commission's decision is taken to the City Council locally, instead of through the court system as a first appeal.

Pros of the City Council's approval authority:
1.  Laws are passed by the Council and some people believe that exceptions should only be approved by them too.
2.  City Council Members are elected and accountable to voters for their decisions.

As the proposed amendment is written, the Board's duties are shifted from the Planning Commission to the Council.  The Planning Commission will continue to hold a public hearing, though only to make a recommendation.  

Alternatives to Consider:
1.  Adopt the proposed ordinance (the City Council's 9/23 direction).
2.  Adopt the ordinance with modifications.
3.  Do nothing or deny the proposed ordinance, keeping the existing process in place (Planning Commission's 10/23 recommendation).  Since this proposed amendment was not a part of a Land Use Application, the 60-day rule (MN Statutes 15.99) does not apply and no action is necessary.
4.  Table discussion for any additional requested information that will help the Council with its decision.  
 

At its meeting on October 23, the Planning Commission unanimously recommended against adopting the ordinance.    

Motion to adopt Ordinance #25-10, Amending Chapters 2 and 106 Pertaining to Variances.