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SUMMARY OF VARIANCE PROCEDURES (Minnesota Department of Revenue)

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SUMMARY OF VARIANCE PROCEDURES
Step 1 Pre-Application meeting with Environmental Services Staff to discuss your
specific situation, identify other potential issues, and to explain the process.
Contact Environmental Services to set up an appointment.
Step 2 Must obtain all necessary permits and/or variances from Local Township prior to
submitting an application to the County Board of Adjustment.
Step 3 File a completed variance application by 4:30pm on or before the application
deadline.
Application Deadline: _______________________________________
Meeting Date: _______________________________________
Step 3 The variance application must include all of the following:
a. A completed application form with the required filing fee;
b. A full, recordable property description (recorded deed or abstract);
c. A complete site sketch and/or survey and plans, including all of the items on
the attached variance checklist noted as required by Environmental Services.
This checklist will be specific to your request and determined after meeting
with staff.
d. For Shoreland Management variances, a septic system certification must be
completed. (Note: Noncompliant septic systems are required to be upgraded
regardless of the outcome of variance proceedings).
e. Township variance, if required, must be obtained prior to going before the
County Board of Adjustment.
Step 4 Processing (completed by Environmental Services staff):
a. Public hearing notice sent to the official newspaper and local newspaper for
publication.
b. Notification of property owners within 500 feet of affected property.
c. Staff review application and generate staff report.
d. Mail information packets to the members of the Board and post on County
website.
e. Mail agenda, the staff report, and a copy of the information packet to the
applicant.
Step 5 Board of Adjustment meetings are held the fourth Thursday of each month unless
otherwise stated.
It is recommended that the applicant(s) or a representative attend the meeting to
answer any questions the Board may have.
Step 6 Notice of the decision will be sent to the application. If the variance is granted, any
related permits must be obtained through the Environmental Services Department.
All variances are recorded with the property deed in the County Recorder’s Office
and a copy will be sent to the applicant.
Applicant
Parcel #
Variance File #
ES Staff
VARIANCE CHECKLIST
Fee $ (
)
Septic Certification (if an SSTS serves the property and it is in the Shoreland Overlay District or the
project involves increasing the number of potential bedrooms)
• The variance request involves a location wholly or partly in the shore or bluff impact zone.
• The variance request is to encroach upon a side yard property line in any non-agricultural
zoning district
• When the lot area is less than half of the minimum lot size in the applicable zoning district.
• Other circumstances as determined by staff.
A structural engineer’s report must be submitted when proposing to utilize an existing foundation for
Building plans, to include existing and proposed additions and structures, including views of the front,
Proposed Grading Plan: If the project is a walkout style structure or located on a steep slope or
impacting a bluff impact zone, a grading plan is required. The specific information that will be
required in the grading plan for the project will be determined by the ES department after reviewing
Impervious calculation worksheet or a certificate of survey showing the impervious surface
Proposed stormwater management plan, when required by Section 7.25 of Zoning Ordinance #439 or
Site plan with the following information. All information checked must be provided. The proposed
project shall be staked out prior to submitting the application to Environmental Services.
Location of all existing and proposed structures, their dimensions and setbacks from lot lines,
the ordinary high water level, septic system and other structures.
Existing and proposed driveway, access road (s), off-street parking & sidewalks.
Location of septic system with setbacks related to the request, any wells and, when relevant, the
location of neighboring wells.
Location of and dimensions of any proposed retaining walls that will result from constructing
the proposed structure or SSTS system.
Other:
APPLICATION FOR VARIANCE
Stearns County Environmental Services Department
http://co.stearns.mn.us/Environment/LandUseandSubdivision
Administration Center Rm 343 - 705 Courthouse Square - St. Cloud, MN 56303
320-656-3613 or 1-800-450-0852 - Fax 320-656-6484
Application Fee:
$
File #:
SSTS Cert #
Receipt #:
Property Owner
Phone
Address of Property
Mailing Address
Property Owner Email
Applicant (if different than above)
Phone
Applicant Mailing Address
Applicant Email
Parcel ID Number(s)
APPLICANT(S) MUST ANSWER AND SUBMIT THE FOLLOWING:
1. State exactly what is intended to be done on or with the property and why it does not conform with
current Ordinances.
2. Describe, as shown on your site plan, what setback or size variances(s) you are requesting.
Dimensions
Lot Size
Impervious Lot Coverage
Total Height
Sidewall Height
Proposed Use
Setbacks from:
Road centerline and right-of-way
Property Line
Existing structures
Ordinary high water level
Bluff
SSTS tank
SSTS drainfield
Other
3. What reasonable use of your property is lost (practical difficulties) by the strict enforcement of the
related Ordinance.
4. Demonstrate how you attempted to minimize the degree of deviation necessary from the standard you
are requesting a variance from and what alternatives exist.
5. I have reviewed the Potential Variance Mitigation Requirements in Stearns
County information sheet included in the application packet, and have discussed
any concerns or questions with staff.
YES NO
6. Submit all information noted on the variance checklist that has been marked as required for this variance
request.
7. Variance Granted By Township? (attach a copy)
YES
NO
I hereby swear and affirm that the information supplied to Stearns County Environmental Services is accurate and
true. I acknowledge that this application is rendered invalid and void should the County determine that information
supplied by me, the applicant, in applying for this variance, is inaccurate or untrue. Additionally, I acknowledge the
continued validity of any variance that may be granted is contingent upon the compliance of all work being done
according to the information herewith submitted an
d approved. Incomplete applications shall expire six (6) months
from the date of application.
Signature of this application authorizes Environmental Services Staff, Board of
Adjustment and/or Planning Commission members, and County Board of Commissioners to enter upon the property
to perform needed inspections and review. All have county-issued badges. Entry may be without prior notice.
Property Owner(s)’s Signature
Date
Applicant’s Signature
(if different)
Date
Staff to Complete
Applicant requests variance from Section(s)
Of Stearns County
Ordinance(s) No(s)
The intended use that does not comply with the ordinance(s) is:
STEARNS COUNTY ENVIRONMENTAL SERVICES
BOARD OF ADJUSTMENT SITE PLAN (To Scale)
Staff will discuss the findings of fact that the Board of Adjustment will use, with the applicant in relation
to their specific variance request at the Pre-Application meeting, in an effort to help the applicant make
a more informed decision about how they would like to proceed.
Stearns County Environmental Services
Board of Adjustment
FINDINGS OF FACT
SUPPORTING/DENYING A VARIANCE
A variance may be granted only when it is in harmony with the general purposes and intent of the official
control and consistent with the comprehensive plan and where the strict enforcement of county zoning controls
will result in practical difficulty. A determination that a “practical difficulty” exists is based upon the
consideration of the following criteria as defined in Minnesota Statutes, Section 394.27. Please answer the
following questions as they relate to your specific variance request(s).
1. In your opinion, is the variance consistent with the related Ordinance?
YES NO
Why or why not?
2. In your opinion, is the variance consistent with the Comprehensive Plan?
YES NO
Why or why not?
3. In your opinion, does the proposal put the property to use in a reasonable manner?
YES NO
Why or why not?
4. In your opinion, are there circumstances/characteristics unique to the property and
YES NO
not due to conditions that are common within the landscape? If so, list what they are.
5. In your opinion, is there room on the property to meet the requirements of the
YES NO
Ordinance without the need for a variance? Why or why not?
6. In your opinion, will the variance maintain the essential character of the locality?
YES NO
Why or why not?
7. In your opinion, does the need for the variance involve more than economic
YES NO
Considerations? Why or why not?
The Board of Adjustment considers each of the elements listed above. If any one element is voted “no”
in the majority, then the criteria for granting a variance, per Minnesota Statutes, Section 394.27, has
not been met and the variance, as requested, cannot be granted.
Lot Coverage Calculation Worksheet
Lot coverage is limited to 25% of the total lot. The total may not be larger than the maximum coverage calculation
below. Please be advised that if you are over the lot coverage allowance, you must reduce your coverage or apply for a
variance before your proposed project will be permitted. Please calculate out all that apply to your situation. If an item
does not apply, please leave it blank.
Proposed Structure(s)
Length (ft)
Width (ft)
Total (ft
2
)
1.
2.
3.
Existing Structure(s)
House & Attached Garage
House Only
Detached Garage
Other Structures
*All sheds, utility buildings, dog
kennels, greenhouses, etc.
1.
2.
3.
4.
Deck(s)
Driveway/Parking Areas
*Asphalt, cement, gravel
Sidewalk, Patio, Paving Stones
Landscaping (plastic under rock)
Other
1.
2.
Total Coverage (ft
2
)
Lot Area (ft
2
):
X
25%
=
Maximum Coverage (ft
2
)
Lot Area: Calculate lot area by multiplying the length of the lot
times the width. However, if the length and width vary, as in the
example, take the average length and width:
Example
Average Width: 175’ + 186’= 361/2= 181’
Average Length: 226’ + 250’= 476/2= 238’
Lot Size: (W) 181’ * (L) 238’= 43,078 sq. ft
Lot Area: 43,078 square feet
Note: 1 Acre = 43,560 ft
2
250’
175’
226’
186’
Average Lot Width (ft):
Average Lot Length (ft):
Lot Area (sq. ft):
Or, if you know lot acreage, enter below:
X
43,5
60 sq. ft.
acres
Lot Square Feet
Potential Variance Mitigation Requirements in Stearns County
State Law/Stearns County Ordinance Requirements
The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly
related to and must bear a rough proportionality to the impact created by the variance. The mitigation is often
related to the impacts of stormwater generated at a location, but in all cases is an attempt to lessen the potential
negative effects of construction on a property and neighboring properties. Preserving natural scenic beauty is
also a consideration.
For variances on non-conforming lots of record in shoreland, particularly on riparian lots, and involving
nonconforming structures, some of the items a property owner may be required to address in a variance
request, when appropriate, are:
Reducing the amount of impervious surface overall and/or in the shore impact zone
Increase the setback of the nonconforming structure from what exists and/or is proposed
Establish a specified area as a No Mow zone between the established building line and the water
The vegetation shall not be sodding or lawn within a certain number of feet from the lakeshore
Establish a native vegetation buffer between the established building line and the water. Within 40ft of
and parallel to the water, or the shore impact zone, or a depth of 75% of the distance between the
principal residential structure and the ohwl, whichever is less
Planting trees and/or shrubs to screen a project (minimizing the visual and scenic impact)
Implement erosion control for disturbed areas or to correct current erosion issues. The Board may
require an Engineered SWPPP for some projects
Stormwater management: require water to be guttered and directed to a designed raingarden or
infiltration trench to accommodate the stormwater generated by a 1 inch rain event for the square
footage of the roof of the structure requiring the variance
In the Shoreland Overlay District the goal is to reestablish, to
the extent practicable, the water protection functions of the
shore buffer area. A Shoreland Buffer provides wildlife habitat,
prevents erosion, purifies runoff water, and provides an
esthetically pleasing shoreline.
Stormwater management is one of the
most important things that can be done
to keep our lakes and rivers clean. The
purpose is to protect surface waters and
private property from damage resulting
from stormwater runoff and erosion.
Stormwater management helps ensure
that site development minimizes the
generation of stormwater and maximizes
stormwater treatment and infiltration
onsite, and protects water quality from
nutrients, pathogens, toxins, debris, and
thermal stress.
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Completed 18 July 2020

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