Mendota Heights Planners Approach New Variance Leeway With Caution

Gov. Mark Dayton enacting a new standard for how cities consider variances to zoning codes.

Since a July 2010 Supreme Court decision, cities were required to grant variances only where there was “undue hardship.” The new law loosens the language to requiring demonstration of “practical difficulties” when granting variances.

The language change should give cities more power in deciding on variances, but it remains to be seen how the law will work in practice, a topic of discussion at the Mendota Heights planning commissioner meeting May 24. 

As cities throughout the state work out how to interpret the new language, the recommendation of Mendota Heights city staff is to grant variances “sparingly.”

“At this point, the question is, ‘How much discretion does the city have?’ said City Planning Assistant Carie Fuhrman. “Nobody really knows the answer at this point.”

Commission member Howard Roston said he feels strongly about the new law. 

“I believe (in) the intent of the statute to make it discretionary on the part of the city on when to have variances,” Roston said during the meeting. “But the problem, in my personal opinion, is that the language is a disaster.”