Signed FOF for 206 W 78th St.CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Allison Schmitt for side yard setback, driveway setback, and lot cover variances to
facilitate the construction of a detached garage on a property zoned Single Family Residential
District (RSF) - Planning Case 2023-ll.
On June 20th, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and mailed
notice. The Board of Appeals and Adjustments makes the following:
1. The property is currently zoned Single Family Residential District (RSF)
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density
The legal description of the property is:
Lots2,Block 2,Crty Lots of Chanhassen, Carver County, Minnesota
3. Variance Findings - Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. 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.
Finding: The City Code requires single-family homes to have a two-car garage with the
intention of ensuring adequate off-street parking and accommodating the indoor storage of
vehicles and other household items. The City Code also requires that properties with access
off of a collector road have a turnaround to facilitate safe egress. The variances to lot cover
and side yard setbacks are necessary to allow the property to add a two-car garage with
driveway turnaround. Adding features to a property that are required by City Code is
consistent with the intent of the zoning code and Comprehensive Plan.
b. 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.
I
FINDINGS OF FACT
Finding: A two-car garage is a reasonable use for a property zoned RSF that cannot be
constructed on this property due to the zoning codes required setbacks and lot cover limits.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance request is not solely based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by the
landowner.
Finding: The plight of the landowner is the result of the parcel being created and the existing
structures being constructed prior to the adoption of the zoning code. As a result, the lot is
substandard and the structures are non-conforming. Due to the small size of the lot and the
placement of the existing home, a two-car garage cannot be added without lot cover and
setback variances.
e. The variance, if granted, will not alter the essential character of the locality
Finding: This neighborhood is one of the oldest in the city with a preponderance of lots that do
not meet the dimensional requirements of the existing zoning code. Many of the older homes in
the area were built prior to garages being common and many properties have received variances
to accommodate additions and garages. The two-car garage proposed by the application is of an
average size and a tlpical design. The applicant is proposing to use the existing driveway and
access and the proposed garage is set back on the property and the expanded portion is partially
screened from view by the existing home. The new garage would not negatively impact the
neighborhoods character.
f. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes
Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
4 The planning report #2023-l l, dated June 20, 2023, prepared by MacKenzie Young-
Walters is incorporated herein.
DECISION
The Planning Commission approves the requested 6-foot side yard setback, 2-foot driveway setback,
and 5 percent lot cover variances for the construction of a detached garage, subject to the following
conditions:
1. A building permit must be obtained prior to demolishing any structures on the site and before
beginning any construction on the site.
2. Building plans must provide sufficient information to veriff that proposed building meets all
requirements of the Minnesota State Building Code, additional comments or requirements
may be required after plan review.
2
3. Retaining walls (if present) more than four feet high, measured from the bottom of the
footing to the top of the wall, must be designed by a professional engineer and a building
permit must be obtained prior to construction. Retaining walls (if present) under four feet in
height require a zoning permit.
4. The applicant shall have the proposed right-of-way (alley) vacated and recorded with the
Carver County Land Records Department prior to issuance of a building permit.
5. The applicant shall update their construction plans to include a turnaround in accordance
with Sec 20-1122(d)(8) of City Ordinance prior to issuance of a building permit.
6. The planter box depicted in the public right-of-way (alley) owned by the applicant must be
relocated within the applicant's property and maintain a minimum separation of 10 feet from
the sanitary sewer main located within the right-of-way.
7. A revised design must be developed by the applicant to address the increase in stormwater
volumes created over the lot cover limit. The design shall include stormwater Best
Management Practices (BMPs) to treat stormwater calculated as 0.55 inches multiplied by
the increase in lot cover over 25o/o. Design plans must be approved by the Water Resources
Engineer.
8. An Operations and Maintenance agreement describing the precise location and extent of the
onsite BMP(s), as well as maintenance activities and an inspection checklist shall be signed
by the property owner and the city and shall be recorded against the property at the county
recorder's office. The property owner shall be responsible for all costs and fees associated
with the operations and maintenance agreement creation and recording.
9. The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural Resources
and the Riley Purgatory Bluff Creek Watershed District, and all applicable permits shall be
obtained prior to any site improvements.
10. Eaves may extend no more than 1.5 feet beyond the approved setback and the edge of the
eaves must be at least 2.5 feet from the side lot line.
1 1. Gutter downspouts may not be oriented to the west.
ADOPTED by the Chanhassen Planning Commission this 20th day of June 2023.
CITY OF CHANHASSEN
BY
Its:
g:\plan\2023 planning cases\23-1 I 206 w 78th st - var\findings of facts.docx
3