ZONING BOARD OF APPEALS

Kris Aaker
Assistant Planner

The Zoning Board of Appeals is a group of six volunteer residents appointed by the Mayor and City Council to hold hearings and act on requests for variances. For hearings, the Board shall consist, at a maximum, of any five members, but three shall constitute a quorum for conducting such hearings and making decisions. At least one Planning Commission member shall be in attendance at each Board meeting, and shall be deemed to be the representative of the Commission for the purposes of review and report by the Commission. Zoning Board members and Planning Commissioners rotate equally on the Board.

Members of the Zoning Board of Appeals include Rodney Hardy, James Nelson, Scott Davidson, Bernadette Hornig, Helen Winder and Mary Vasaly.

The Zoning Board of Appeals meets at 5:30 p.m. the first and third Thursdays of each month. All meetings are open to the public and held at Edina City Hall, 4801 W. 50th St.

Variances
Homeowners and business owners who want to make improvements to their properties that don't comply with city zoning standards will have a more difficult time doing so following a recent 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 might have, they should contact the Planning Department at 952-826-0369 for assistance.

Contact members of the Zoning Board of Appeals. Write to edinamail@ci.edina.mn.us.

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