Zoning Variances

General Information

Zoning variances are exceptions from regulations that are in the zoning code and are made for a specific case. The Board of Zoning Appeals (BZA) has the authority to grant zoning variances. The seven member Board, appointed by the Mayor with the consent of the City Council, is comprised of private citizens who live in Saint Paul.

The BZA holds a public hearing before deciding on each case. There are two types of variances cases - minor and major. Minor variances are for single family additions, garages, fences and pools; all other variances are major variances. The Citizen Participation District Council for the area is notified by mail at least 10 days prior to the public hearing as well as all property owners within 350 feet of the subject property for major variances and within 100 feet for minor variances. Anyone may testify at the hearing or send in written comments either in support or opposition to the request. A zoning staff report is given for each case, including a recommendation for approval or denial, a copy of which is sent to the applicant prior to the hearing.

The Board of Zoning Appeals will conduct a public hearing within 4 weeks of the application's submission. By State Law 15.99, a decision is required on zoning-related requests within 60 days of submission or automatic approval will be given. An extension of 60 days may be given, provided the applicant is given written notice. The Board of Zoning Appeals holds public hearings every other Monday. The hearings start at 3:00 p.m. in Room 330 of the City Hall/ Courthouse. It is essential that the applicant or their representative attend the hearing.

Application Requirements

You must submit an application that includes the following:

Appeal

Any affected party may appeal the decision of the Board of Zoning Appeals to the City Council within 10 days of the date of the decision.

Code Requirements

According to the zoning code, the BZA must make the following findings before they can grant a variance:

• The variance is in harmony with the general purposes and intent of the zoning code.

• The variance is consistent with the comprehensive plan.

• The applicant has established that there are practical difficulties in complying with the provision, that the property owner proposes to use the property in a reasonable manner not permitted by the provision. Economic considerations alone do not constitute practical difficulties.

• The plight of the landowner is due to circumstances unique to the property not created by the landowner.

• The variance will not permit any use that is not allowed in the zoning district where the affected land is located.

• The variance will not alter the essential character of the surrounding area. In granting a variance, the board or commission shall make written findings stating the grounds upon which the variance is justified. Inadequate access to direct sunlight for solar energy systems constitutes a practical difficulty in the third bullet point above.

In granting a variance, the BZA may attach reasonable conditions to their approval. The BZA does not have the authority to allow a use that is not otherwise permitted in the zoning district.

Zoning Variance Fees & Inspections

A zoning staff person will visit the site and take slides to be shown at the public hearing. If the variance is granted, an inspection by the Building Inspector is made as part of the building permit for the project. A zoning inspector will verify that any conditions attached to the approval are met. Call 651-266-9008 to reach a Zoning Inspector.

Description

Amount

Major Variance For single family dwelling or duplex

$536.00

For a multi-family residential use

$577.00

For a commercial, industrial or institutional use

$839.00

Sign Variance

$536.00

Minor Variance

$433.00

Checks should be made payable to the City of Saint Paul. Visa, Mastercard, Discover, and American Express are also accepted. When a zoning application is submitted for a development that has been built or started without the required city permits, a late fee will be assessed. The late fee is double the filing fee.

Expiration/Renewal

A zoning variance is valid for two years unless a building permit is obtained within the time frame and construction is proceeding according to the terms of the permit. The zoning administrator may grant an extension not to exceed one additional year.