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