Variance, Appeals & Special Agreements

For consideration of a variance request, appeal, or special agreement return this application to the Planning Division which will schedule a public hearing with the Planning Commission after preparing a report and recommendation.

The Planning Commission will make a recommendation to the City Council, which will make a final decision.

Variance

Only certain items qualify for consideration of a variance under State Statutes and City Ordinance.

The City of Maplewood may grant variances from the strict application of the provisions of the Zoning Ordinance provided there are characteristics unique to the property creating an undue hardship in developing the lot and is not merely serving as an inconvenience.

In addition, it would have to be demonstrated that the variance will not unreasonably impact the character of the neighborhood and proof given that the variance will not be contrary to the intent of the Zoning Ordinance.

Undue Hardship

An undue hardship as used in connection with the granting of the variance means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls.

As well, the plight of the landowner is due to circumstances which are unique to the property, and were not or are not being created by the landowner.

Economic consideration alone cannot an undue hardship if reasonable use for the property exists under the terms of the ordinance.

Application & Submittal Requirements

Please refer to the Variance, Appeals, or Special Agreement Application (PDF) for submittal requirements.