Planning & Zoning Commission opposes illegal variances!

Thank you to the Rochester Planning & Zoning Commission for unanimously standing up to the illegal variances.

Planning Commission Resolution

Here is how the council knowingly and deliberately violated our Rochester Code of Ordinances Section 60.417. In order to receive a variance, a number of conditions must be met. Many criteria were suspect, but one was a clear and direct violation of that legal criteria.

Subdivision 1. The approval authority may grant a variance to the provisions of this ordinance if it finds that:

  1. F.    The terms of the variance are consistent with the Comprehensive Plan.

This explicitly means that the council may NOT approve a variance if the terms of the variance fail to be consistent with the Comprehensive Plan.

The council ruled that 2 variances that specifically allowed to high density were consistent for the plan requirement of low density.

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