Homeowners and small businesses asking the zoning board for an exception

Where is the property?

Draft the written statement for a zoning variance or conditional use permit, answering your town's tests point by point. Free to read.

  • Free to read
  • No sign-up until the draft
  • Every fact cites its source
5 FT APN 018-224-07 ADU · 640 SQ FT

ePlan fills in

  • Parcel
  • Zoning district
  • Setbacks and lot limits
  • Slope
  • Flood zone

How it works

Variance or conditional use justification statement, from one answer

  1. Enter the address and say what you want to build or use.One answer starts the project. ePlan names it and looks up the place.
  2. ePlan pulls the parcel, zoning and slope and lines up your town's tests.3 more questions, each with a "not sure yet" way out.
  3. Read the statement free, then download it to sign and file.The draft marks what to check (amber), what to pick (blue) and what to fill in (violet).

What you get

Variance or conditional use justification statement and 2 more documents

The first draft is free to read. Each document after it is drafted from the same confirmed facts.

The first draft

Variance or conditional use justification statement

  1. Applicant, property and zoning district
  2. What you're asking for and the code section
  3. Existing conditions: lot size, shape, slope and structures
  4. The board's standards, answered one by one
  5. Why the difficulty comes from the property, not the owner
  6. Effect on neighbors and the character of the area

Modeled on: Your town's variance and conditional use criteria (Minnesota's practical-difficulties test, Minn. Stat. 462.357 subd. 6, as the model)

Next · 2

Site plan notes

  1. Lot lines and dimensions
  2. Existing and proposed structures
  3. Setback distances
  4. Who draws the scaled plan
Next · 3

Neighbor letter about the hearing

  1. What's proposed
  2. Hearing date and place
  3. How to comment

From public data

What ePlan fills in, and from where

60 days

is how long a Minnesota town has to approve or deny a written zoning request; if it doesn't deny in time, the request is approved
Source: Minn. Stat. 15.99

Questions

Variance or conditional use justification statement: what people ask

What does the board need to see to grant a variance?

It depends on your state and town. Minnesota's test is a common pattern: the owner proposes a reasonable use the ordinance doesn't permit, the problem comes from circumstances unique to the property that the owner didn't create, and the variance won't alter the area's essential character. Economic considerations alone don't count.

Source: revisor.mn.gov

Can a variance allow a use the zone doesn't permit?

Not everywhere. In Minnesota the board may not grant a variance for any use the zoning ordinance doesn't allow in that zone. It can attach conditions to the variances it does grant, as long as each condition is directly related and roughly proportional to the variance's impact.

Source: revisor.mn.gov

How long does the town have to decide?

State law sets the clock. In Minnesota an agency must approve or deny a written zoning request within 60 days. If it fails to deny the request in time, the request is approved, and a denial must state its reasons in writing. Check your own state's rule.

Source: revisor.mn.gov

The rules this door follows