Variance Application SupplementVariance Application Supplement – 206 W 78th St Chanhassen MN 55317
Written description of variance request.
Property owner is seeking approval of two variance requests before submitting an application
for building permit for a new 2 stall garage (22’x24’ footprint) in place of the existing single car
garage (12’x18’ footprint), which is to be completely demolished.
a. a variance is requested on the city’s lot setback requirements to allow the westerly
wall of the proposed garage to be built no less than 4 ft from the property lot line.
b. a variance is requested for an additional 4% of impervious surface allowance, not to
exceed 29% of the overall surface – with and upon the approval of the City of
Chanhassen vacation of alleyway, adding to overall lot square footage
Written justification of how request complies with the findings for granting a variance
(pursuant to Section 20-58) as follows:
1. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the
comprehensive plan.
a. the setback variance request maintains the position of the garage as close to
the original placement as possible, while considering modern vehicle sizing in
configuration for the distance from the garage front to existing house
b. the sole purpose of the new garage is for additional space – storage for two
vehicles, outdoor lawn care equipment, recreational equipment, etc
2. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by
this Chapter. Practical difficulties include, but are not limited to, inadequate access to
direct sunlight for solar energy systems.
a. shrinking the setback on the westerly side of the new garage helps to reduce
the necessary hardscape (driveway) and maintains the integrity of the backyard
b. due to the length of the driveway and the positioning of the original garage,
additional impervious surface allowance is required to maintain access to all
entry/exit points from the home and new proposed garage. It would also create
the opportunity to reasonably be able to turn a vehicle around; creating a safety
solution as the property entry to main road tends to be busy and has a visibility
challenge for homeowner as well as general public on the roadway.
3. That the purpose of the variation is not based upon economic considerations alone.
a/b. the purpose is based on the current footprint, and the desire to expand
available garage square footage to allow for a second car parking and storage,
while following the original lot layout as closely as possible in doing s
4. The plight of the landowner is due to circumstances unique to the property not created
by the landowner.
a. due to the location of the original structures on the lot, the simplest and
arguably most attractive solution to creating additional garage space is to
replace the existing one as closely to the current position as possible
b. due to the size of the home and lack of available basement storage space,
additional square footage in the new garage would be the most viable option for
storage of bicycles, etc.
5. The variance, if granted, will not alter the essential character of the locality.
a/b. the new proposed structure (garage) will be used for the same purposes (as
noted above) as the existing structure, only in a more standard size for the
modern day needs of the current (or any future) homeowner
6. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
a. Excerpt from 2022 MN Statues 216C.06 Definitions: Subd. 14. Earth sheltered.
["Earth sheltered" means constructed so that 50 percent or more of the exterior
surface is covered or in contact with earth. Exterior surface includes all walls and
roof, but excludes garages and other accessory buildings. Earth covering on
walls is measured from the floor of the structure's lowest level. Earth covering
on the roof must be at least 12 inches deep to be included in calculations of
earth covering. Partially completed buildings shall not be considered earth
sheltered.]
b. Per the property owner’s understanding, this statute does not apply.