1c Findings 960 Carver Beach Ro CIT O
690 Cio, Center Drive
PO Box' 147
Chan/Jasse,, Minnesota 55317
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MEMORANDUM
TO:
Scott Botcher, City Manager
FROM: Bob Generous, Senior Planner
DATE:
February 14, 2001
SUBJ'
Findings of Fact - Variance #00-14, 960 Carver Beach Road
BACKGROUND
.
At the tneeting of February 12.2001, the City Council approved the following:
Variance #2000-14 for a 9,000 square foot variance from the 15,000 square foot
minimum lot size to permit development on an existing 6,000 square foot lot, a 30
foot variance fi'om the 90 foot lot frontage requirement, and an 11 percent
variance from the 25 percent site coverage to permit site coverage up to 36
percent for the construction of a single family home. subject to the following
conditions:
1. A building permit must be applied fbr wittfin one year of approval of the
variance or the variance shall become null and voi&
.
Sanitary sewer !a,.erat connection charges, watermain lateral coomec-don
charges, truck sanitary sewer hookup and trunk watermain hookup charges
shall be paid prior 'to the issuance of a building permit.
3. As part of the building permit submittal, a grading, drainage and erosion
control plan must be prepared for city review and approval.
.
The trees along the northern property line are to be saved. Tree protection
fencing shall be installed prior to site grading. Three trees shall be
replanted on the property, at least two of which shall be located in the
front yard.
5. The house style shall be limited to a one story (above grade), rambler
design.
The City attorney's office requested that the City approve specific findings
relative to the variance approval..
RECOMMENDATION
Staff recommends approval of the following findings:
the Cig, of Cha,hmse,. A crowh~¢ com,m,/n, w/th dean hkes, aua//n, schools, a cha~mi,.~ downtown, thrivin~ bushmses, and beaut/fid oarks. ,4 creat olace to live. work~ and
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
IN RE'
Application of Anita Benson for a 9,000 square foot variance from the 15,000 square foot
minimum lot size to permit development on an existing 6,000 square foot lot, a 30 foot variance
from the 90 foot lot frontage requirement, and an 11 percent variance from the 25 percent site
coverage to permit site coverage up to 36 percent for the construction of a single family home.
On February 12.2001, the Chanhassen City Council met at its regularly scheduled
meeting to consider the application of Anita Benson for a variance for the property located at 960
Carver Beach Road. The City Council conducted a hearing on the proposed variance preceded
by published notice. The City Council heard testimony from all interested persons wishing to
speak and now makes the following:
,
FINDINGS OF FACT
The property is currently zoned Single Family Residential District. RSF.
The prope~1y is guided by the Land Use Plan for Residential Low Density.
3. The legal description of the property is' Lots 998,999, 1000, Carver Beach.
4. Section 20-58'
The City Council shall not grant a variance unless they find the following facts:
The literal enforcement of this chapter would cause an undue hardship. Undue
hardship means that the property cannot be put to reasonable use because of its size,
physical sun'oundings, shape or topography. Reasonable use includes a use made by
a majority of comparable propelxy within 500 feet of it. A reasonable use of the
prope~xy is a single-family home. The intent of this provision is not to allow a
proliferation of variances, but to recognize that there are pre-existing standards in
this neighborhood. The proposed variance is the minimuln necessary to develop the
b.
C.
do
e.
site for a house plan completely within the building envelope. Variances that blend
with these pre-existing standards without departing downward from them meet these
criteria. The requirement that the home be a rambler style is the same house style as
homes on either side of the prope~V.
The conditions upon which a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification. The subdivision
in the Carver Beach area was done in 1927 prior to the. adoption of the cmTent
standards and many properties do not comply with code requirements. Other
properties of two and three lots have developed in Carver Beach.
The purpose of the variation is not based upon a desire to increase the value or
income potential of the parcel of land. The use of the parcel for a single-family
home is reasonable.
The alleged difficulty or hardship is not a self-created hardship. The lots were
platted in 1927 prior to the ordinance, so the hardship is not self-created. The homes
on either side of the site were developed with single-family homes in 1956 and
1966.
The granting of the variance will not be detrimental to the public welfare or injurious
to other land or improvements in the neighborhood in which the parcel is located.
At least five properties within 500 feet of the site are 10,000 square feet or less in lot
area and are developed with single-family homes.
The proposed variation will not impair an adequate supply of light and air to
adjacent property or substantially increase the congestion of the public streets or
increase the danger of fire or endanger the public safety or substantially diminish or
impair propetxy values within the neighborhood. Building setbacks are being
maintained.
ADOPTED by the Chanhassen City Council this 26th day of February, 2001.
CHANHASSEN City Council
By:
Mayor
ATTEST:
By:
City Manager