Homeowners and business owners who want to make improvements to their property that don’t comply with city zoning standards will have a more difficult time doing so following a Minnesota Supreme Court decision. In late June 2010, the court handed down a ruling that greatly restricts cities’ ability to grant variances to property owners who face special circumstances.

In the court case, which involved a garage addition in Minnetonka, the court stated that to establish the “undue hardship” required for a variance, the applicant must show that “the property in question cannot be put to a reasonable use” without the variance. This standard is much stricter than the previous standard. Prior to the ruling, applicants only had to show that they would like to use a property in a “reasonable manner” prohibited by the zoning ordinance.

Unless and until the legislature takes action to provide a more flexible variance standard, cities will not have the authority to grant a variance unless an applicant can show that their property cannot be put to a reasonable use without the variance.

If residents or business owners have questions about how this decision affects plans they may have, they should contact the planning office at 952-227-1100 for assistance.

Click HERE to view a September 18, 2010 article from the Star Tribune regarding the variance ruling.