Minnesota Administrative Rules

8820.3400 ADVISORY COMMITTEE ON VARIANCES.

Subpart 1.

Appointment.

The commissioner may appoint a committee to serve as required to investigate and determine a recommendation for each variance. No elected or appointed official that represents a political subdivision requesting a variance may serve on the committee.

Subp. 2.

Membership.

The committee shall consist of any five of the following persons: not more than two county highway engineers, only one of whom may be from a county containing a city of the first class; not more than two city engineers, only one of whom may be from a city of the first class; not more than two county officials, only one of whom may be from a county containing a city of the first class; and not more than two officials of an urban municipality, only one of whom may be from a city of the first class. The committee must have at least two elected officials as members. The committee shall have at least one member but not more than four members from a metropolitan area, as defined in Minnesota Statutes, section 473.121, subdivision 2, as well as cities with a population of over 50,000 according to the most recent census.

Subp. 3.

Operating procedure; factors considered.

The committee shall meet on call from the commissioner at which time they must be instructed as to their responsibilities by a designee of the commissioner, shall elect a chairperson, and shall establish their own procedure to investigate the requested variance.

The committee shall consider the:

A.

economic, social, safety, and environmental impacts which may result from the requested variance;

B.

effectiveness of the project in eliminating an existing and projected deficiency in the transportation system;

C.

effect on adjacent lands;

D.

number of persons affected;

E.

effect on future maintenance;

F.

safety considerations as they apply to pedestrians, bicyclists, motoring public, and fire, police, and emergency units; and

G.

effect that the rule and standards may have in imposing an undue burden on a political subdivision.

Subp. 4.

Recommendation.

The committee after considering all data pertinent to the requested variance shall recommend to the commissioner approval or disapproval of the request.

Statutory Authority:

MS s 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17

History:

8 SR 2146; 15 SR 2596; 20 SR 1041

Published Electronically:

October 15, 2007