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City attorney briefs commission on variance law: ‘quasi‑judicial’ duty and the practical‑difficulty test
Summary
City attorney Soren Madick gave comprehensive training on variances, stressing the five-element practical-difficulty test, the need for written findings 'that show your work,' and that planning bodies act in a quasi‑judicial capacity; commissioners discussed timelines, appeals and risks.
City attorney Soren Madick led a focused training on the variance process and the legal duties of planning commissioners and council members. He explained variances are statutorily authorized and reviewed the five-element practical‑difficulty test that courts use to evaluate decisions; he cautioned that neighborhood support or opposition is not a statutory criteria for granting a variance and urged commissioners to base findings on land‑use principles rather than popularity.
Madick stressed the procedural posture of variance hearings: "when you're listening to a variance, you are here in a quasi judicial capacity," he said, and added that decisionmakers must make written findings that explain their rationale because courts perform a record review. He also outlined administrative time limits (the 60/120‑day review windows for local decisions) and described typical litigation timelines and appeals. Commissioners and staff discussed how to make consistent, defensible findings and whether the city should adopt clearer standards to reduce ad hoc outcomes.
