Krummenacher v. City of Minnetonka
| Decision Date | 14 July 2009 |
| Docket Number | No. A08-1988.,A08-1988. |
| Citation | 768 N.W.2d 377 |
| Parties | Beat L. KRUMMENACHER, Appellant, v. CITY OF MINNETONKA, Respondent, JoAnne K. Liebeler, Respondent. |
| Court | Minnesota Court of Appeals |
Paul W. Chamberlain, Chamberlain Law Firm, Wayzata, MN, for appellant.
George C. Hoff, Hoff, Barry & Kuderer, PA, Eden Prairie, MN, for respondent City of Minnetonka.
James M. Susag, Larkin, Hoffman, Daly & Lindgren, Ltd., Bloomington, MN, for respondent Joanne K. Liebeler.
Considered and decided by KALITOWSKI, Presiding Judge; KLAPHAKE, Judge; and HUDSON, Judge.
Appellant Beat Krummenacher challenges respondent City of Minnetonka's grant of a variance to appellant's neighbor allowing an expansion of a nonconforming garage. Appellant argues that Minn.Stat. § 462.357, subd. 1e(a), prohibits expansion of a nonconforming property and that the record does not support the city's finding of undue hardship. Appellant also asserts that the district court erred in not addressing his motion to compel discovery before upholding the variance.
Because Minn.Stat. § 462.357, subd. 1e(a), does not limit a city's authority to grant a variance to allow an expansion of a nonconforming property and because the record was sufficient to allow review and supported the city's findings of undue hardship and consistency with the spirit and intent of the ordinance, we affirm.
Respondent JoAnne Liebeler requested a variance from the Minnetonka, Minn. Code of Ordinances (2009) (hereinafter Code of Ordinances) to allow an expansion of a detached nonconforming two-car garage. The garage is nonconforming because it is located 17 feet from the front property line along Ridgewood Road and predates the zoning ordinance requiring a minimum front yard setback of 50 feet. Code of Ordinances § 300.29.3(g) requires a variance for work that "constitutes an expansion of any nonconforming use." The garage has a flat roof that has leaked over the years. Liebeler proposed upgrading the garage with a pitched roof, which would allow for use of the space above the garage. Liebeler planned to finish this space for use as a personal yoga and craft studio. The height of the garage was to be 10.5 feet, which is below the city's 12-foot height limitation on detached garages.1 She did not intend to alter the footprint of the garage.
Appellant owns and lives on property immediately west of Liebeler's property. Appellant opposed this variance request because the altered roofline would obstruct the view from his living room, arguably diminishing the value of his property. After a contested hearing on April 8, 2008, the Minnetonka City Planning Commission (planning commission) approved the variance, finding (1) undue hardship based on the topography of the site, width of the lot, location of the driveway and existing vegetation; (2) a unique circumstance based on the existing nonconforming setback; (3) full compliance with the city's zoning standards for detached garages except for the nonconforming front yard setback; and (4) no alteration of the character of the neighborhood because there is also a detached garage on the neighboring property with a 17-foot setback. On June 30, 2008, the Minnetonka City Council (city council) upheld the planning commission's decision and findings.
Appellant filed a complaint in district court requesting review of this decision based on the city's finding of undue hardship under Minn.Stat. § 462.357, subd. 6(2) (2008), and Code of Ordinances § 300.07.1(a), and based on the fact that the new structure would be habitable living quarters not qualifying as an uninhabited subordinate building under Code of Ordinances § 300.02.5. Appellant requested production of documents from the city and Liebeler to support his claim that the city only granted the variance because the garage project was to be filmed and aired on television, giving the city favorable publicity. Respondents objected to providing anything more than the city's record provided. The court determined that the city had provided a clear verbatim record of the proceedings and that no additional evidence was necessary for it to make a threshold decision of whether the city's decision was unreasonable, arbitrary, or capricious. The court ordered the parties to submit written arguments on this issue. After taking the matter under advisement, the court affirmed the city's grant of the variance based on its determination that the city's findings were sufficient to support its decision and that its decision was not unreasonable, arbitrary, or capricious. This appeal followed.
1. Did the city have authority to grant a variance to allow an expansion of a nonconforming property?
2. Was the city's approval of Liebeler's variance request unreasonable, arbitrary, or capricious?
3. Was the record sufficient to allow review of whether the city's approval was unreasonable, arbitrary, or capricious, or did the district court err in refusing to compel discovery requested by appellant?
The interpretation of statutes and ordinances presents a question of law that this court reviews de novo. Cummings v. Koehnen, 568 N.W.2d 418, 420 (Minn. 1997). We review the decision of a city in a zoning case independent of the findings and conclusions of the district court to determine whether the city's action was reasonable, or arbitrary or capricious. VanLandschoot v. City of Mendota Heights, 336 N.W.2d 503, 508 (Minn.1983). This court decides whether the reasons articulated by the city were "legally sufficient and had a factual basis," or did not have the "slightest validity or bearing on the general welfare." Id. (quotation omitted). Although rebuttable, there is a strong presumption that a city's actions are proper. Arcadia Dev. Corp. v. City of Bloomington, 267 Minn. 221, 226, 125 N.W.2d 846, 850 (1964).
Appellant argues that Minn.Stat. § 462.357, subd. 1e(a), prohibits a city from granting a variance to allow an expansion of a nonconforming use. Minn. Stat. § 462.357 (2008) gives municipalities the authority to establish zoning controls, "[f]or the purpose of promoting the public health, safety, morals, and general welfare[.]" Id., subd. 1. Minn.Stat. § 462.357, subd. 1e(a), addresses nonconformities and provides that "[a]ny nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion[.]" Appellant contends that the 2004 amendment2 to this statute adding "replacement, restoration, or improvement" to the list of changes that had previously included only "repair or maintenance," while specifically excluding "expansion," makes it clear that a nonconformity cannot be expanded.
We conclude that Minn.Stat. § 462.357, subd. 1e(a), only limits a city's ability to prohibit the specified permitted changes to a nonconformity, but does not prohibit a city from allowing an expansion by granting a variance. Minn.Stat. § 462.357, subd. 6, establishes the scope of a municipality's authority to grant variances from the provisions of an ordinance. A city may also establish by ordinance the standards under which it will grant a variance. VanLandschoot, 336 N.W.2d at 508, n. 6.
Code of Ordinances § 300.29 governs nonconforming uses. Section 300.29.3 restates the general standard contained in Minn.Stat. § 462.357, subd. 1e(a), excluding "expansion" from what is permitted when a nonconforming use is continued. However, section 300.29.3(g) requires a variance to perform "[w]ork that constitutes an expansion of any nonconforming use," indicating that a property owner may apply for a variance to allow an otherwise impermissible expansion. Section 300.29.3(g)(1) further clarifies the necessity of a variance when "the use occupies any space within a nonconforming area that was previously not occupied both vertically and horizontally," giving an example of when "a second floor area is expanded into the nonconforming setback ..."3 Code of Ordinances § 300.07.1(a) gives the city authority to grant a variance from "the literal provisions of this ordinance in instances where strict enforcement would cause undue hardship."
The Code of Ordinances accords the city council and planning commission authority to approve expansions of nonconforming land uses and nonconforming development.4 Minnetonka Code of Ordinances § 300.29.3(g); .2(b), (c). Appellant's construction of Minn.Stat. § 462.357, subd. 1e(a), to prohibit all expansions of any nonconformity, ignores the city's authority to grant variances. The prohibitions against expanding nonconformities contained in Minn.Stat. § 462.357, subd. 1e(a), and Code of Ordinances § 300.29.3 are qualified by the authority given to grant variances. See Appeal of Kenney, 374 N.W.2d 271, 275 (Minn.1985) (); Rowell v. Bd. of Adjustment, 446 N.W.2d 917, 920 (Minn.App.1989) (), review denied (Minn. Dec. 15, 1989).
The provisions of both the statute and ordinance conferring authority to grant variances would be rendered meaningless if such variances were prohibited by the nonconforming use statute and ordinance. See Minn.Stat. § 645.16 (2008) (). The city council had the authority to issue a variance to expand Liebeler's garage.
According to both Minnesota statute and Minnetonka ordinance, the city must evaluate variance requests to determine whether the strict enforcement of an ordinance without the requested variance would cause a property owner to suffer an undue hardship. Minn.Stat. § 462.357, subd. 6; Code of Ordinances § 300.07. "Undue...
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Krummenacher v. City Of Minnetonka
...the City's decision. The district court upheld the City's variance, and the court of appeals affirmed. See Krummenacher v. City of Minnetonka, 768 N.W.2d 377, 384 (Minn.App.2009). Because we conclude that the City applied the wrong standard to Liebeler's variance request, we reverse and rem......