Variances

The variance findings, listed below, describe a set of circumstances your situation must meet to be eligible for a variance. They are set by the State of Minnesota and City code.

To be eligible for a variance, the exception you are seeking:

• Must be in harmony with the intent of the ordinance.
• Must be consistent with the City's Comprehensive Plan.
• Must be a reasonable use of the property.
• Must be needed due to circumstances unique to the property.
  • Explain what is special about the situation that warrants an exception. Economic considerations alone do not make a property owner eligible for a variance. See the column below for examples of unique circumstances.
• Must not be needed due to a situation created by the property owner.
  • For example, just because Ms. Smith's bottle cap collection is taking over her house does not make her eligible for an extra large storage shed.
• Must not change the essential character of the neighborhood.

Examples of unique circumstances
Unique circumstances include:

• Steep slopes
• Wetlands
• Oddly shaped lots
• Large trees

If you feel like your situation can meet the variance findings please contact the Planning Division at 952-563-8920.

A variance application costs between $310-$610 depending on your situation.

Most applications require a certified survey of your property.

• Survey costs vary greatly depending on the situation.
• The City does not provide survey services.
• There are many Certified Land Surveyors located in the metro area that you can contact for a survey quote.

To apply for a variance you must submit the following documents:

• A written description of your situation
  • Describe why and how it meets each of the variance findings.
• Site plan and floor plans
  • Show all existing and proposed features and dimensions relating to the proposal.
• Elevation drawings
  • Show the front, sides, and rear of the structure and other proposed elements.
• Certified survey showing the existing conditions on your property
• The application fee

All drawings and plans must be drawn at an architectural or engineering scale.

Minimum required application information

This is the minimum list of required information.

Other information may be required depending on your situation. Please contact the Planning Division to discuss your individual application.

The variance process typically takes five to eight weeks after the submittal of the formal application to complete.

• State what you want to do:
  • "I propose to construct a 10 foot wide addition to the south side of an existing 14 foot wide attached garage."
• Describe why the variance is needed:
  • "The house was constructed with a single-car garage at a 10 foot setback. At least seven feet of space is needed to add a second stall to the garage, which results in only a three foot side yard setback."
• State the ordinance requirement:
  • "Section 21.301.19(c) of the City Code requires a minimum setback of five feet for garages."
• Describe the circumstances that prevent you from meeting the normal requirements of the ordinance:
  • "The proposed location is the only possible site for an addition which would provide a two-car garage."

Provide as much detail as possible:

• Describe the exterior building materials, color, height, integration with existing structures, distance and relationship with neighboring structures - all details and conditions affecting your property, your neighbors' properties, public streets and sidewalks.
• Describe how your proposal will (or will not) affect storm water drainage on your property or your neighbors' property.

Discuss other requirements of the City Code which may be impacted by your proposal and how you propose to handle them:

• "A five-foot utility easement exists along the south lot line. However, no utilities are located in this easement and the Public Works Department has no objections to vacating the portion that would be occupied by the addition."

Address the findings required by the Zoning Ordinance:

• The staff will provide you with the findings which the hearing examiner, Planning Commission and/or City Council must "make" if the variance is to be approved. They will indicate which are applicable. Copy and discuss each required finding in your letter.

Remember: Findings are important! If any findings cannot be substantiated, your variance cannot be approved.

If the variance request involves a new building or an addition to an existing building, drawings of the exterior elevations may be required.

• Drawings should be drawn at an architectural or engineering scale.
• Show the location of all significant features:
  • Windows, doors, roof, steps, grade (ground) level, etc.
• Show which portions of the buildings are new, and which are existing.
• Label dimensions of existing and proposed buildings.
  • Including the height from grade to the eaves and to the peak of the roof.
• Identify the exterior building materials.

• Site plans must be at a scale large enough to clearly indicate all:
  • Buildings, driveways, decks, patios, pools, sidewalks and other features.
• Show the location of requested variance.
• Show all dimensions of structures and features, including distances from property lines.
• Where the variance involves the slope of the site, elevation contours, not merely spot elevations, must be shown.
• The Building and Inspection Division has drawings of many Bloomington properties.
  • If available, you may purchase a copy of these drawings to use as a starting point to plan your addition.
  • Please note these drawings are generally not accurate enough to determine actual setbacks.

• Phone: 952-563-8920 
• Email: planning@BloomingtonMN.gov 
• Or come visit us Monday through Friday from 8:00am to 4:30pm at City Hall: 1800 W. Old Shakopee Road Bloomington, MN 55431 We encourage you to set up a pre-application meeting with Planning Division staff if you are going to submit a variance application.