Board of Appeals
Overview
Meets as needed.
Property owners may apply to the Board of Appeals for a variance of the zoning ordinance under Chapter 50 of city code. The board must find that a “practical difficulty” exists in the use of the property in order to grant a variance.
Examples of variances include allowing the construction of a structure closer to lot lines than zoning setbacks would allow or a larger garage than zoning allows in residential areas.
An application form is available from the Inspection Department. There is a $500 fee for reviewing and processing variances. The fee is not refundable if the variance request is denied.
“Practical difficulty” is a legal standard set forth in law that cities must apply when considering applications for variances. It is a three-factor test and applies to all requests for variances:
- The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance.
- The plight of the landowner is due to circumstances unique to the property not created by the landowner.
- The variance, if granted, will not alter the essential character of the locality.
The Board of Appeals shall consider the following factors when making its determination.
- Is the variance in harmony with the purposes and intent of the ordinance?
- Is the variance consistent with the comprehensive plan?
- Does the proposal put property use in a reasonable manner?
- Are there unique circumstances to the property not created by the landowner?
- Will the variance, if granted, alter the essential character of the locality?
Economic considerations alone cannot create practical difficulties. Rather, practical difficulties exists only when the three statutory factors are met.
The Board of Appeals will review and act on applications for variances. In their applications, property owners should be thorough in their drawings and requests, and include all items required for a variance.
The Board of Appeals will either approve or deny the request. If the requested is denied, the property owner may appeal to the City Council. If the variance is approved, the City will issue a build.
Read more about the Board of Appeals in this news release: Exceptions to the rules: Board hears appeals from builders, homeowners.
Voting Members
- Colby Cunningham, Albert Lea • 563-568-7981
- Maria Dietrich, Albert Lea • 507-273-8015
- Aaron Farris, Albert Lea • 507-402-3257
- Steve Guenthner, Albert Lea • 507-373-2688
- Matt Greibrok, Albert Lea • 507-383-0950
- Craig Hoium, Albert Lea • 507-377-0450
- Kristopher Moen, Albert Lea • 507-318-9100
Non-voting Members
- City Councilor Reid Olson, 221 E. Clark St., Albert Lea • 507-391-4814
- City Planner Megan Boeck, 221 E. Clark St., Albert Lea • 507-377-4330
2025 Meeting Dates
- Meets when called
