Signed FOF 2023-07CITY OF CHANHASSEN
CARVER AND HENNEPIN COLINTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Kathryn Randall, for a variance to use a single-family dwelling as a two-family dwelling on a
property zoned Rural Residential District (RR) - Planning Case2023-07.
On May 16,2023, 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:
FII\IDINGS OF FACT
1. The property is currently zoned Rural Residential District (RR).
2- The property is guided in the Chanhassen Comprehensive Plan for Residential low Density
3. The legal description of the property is:
See Exhibit A
4. Variance Findings - Section 20-59 of the City Code provides the following criteria for the granting of a
variance to use a single-family dwelling as a two-family dwelling:
a. There is a demonstrated need based upon disability, age or financial hardship
Finding: The applicant has stated that they are requesting the variance due to their age and recent
cancer diagnosis.
b. The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of
one driveway and one main entry.
c
Finding: The garage addition maintains the exterior appearance of a single-family dwelling, with a
single driveway access and a single main entrance, and conditions have been placed on the variance
to prevent the creation of a separate entrance or altering the exterior so that it no longer maintains the
appearance of a single-family home.
Separate utility services are not established (e.g., gas, water, sewer, etc.).
Finding: Separate utility services are not proposed and will not be established, and a condition has
been placed on the variance to prohibit this from occurring in the future.
d. The variance will not be injurious to or adversely affect the health, safety, or welfare of the residents
of the city or the neighborhood where the property is situated and will be in keeping with the spirit
and intent ofthis chapter.
I
Finding: The variance request for an accessory dwelling unit (ADU) to allow for the applicant to
have a multi-generational household is not expected to generate the traffrc, noise, or tra:rsient
population concerns that can be associated with placing multi-unit properties within single-family
neighborhoods. The city has granted several variances for ADUs in other neighborhoods and to stafls
knowledge they have generated no complaints. Additionally, a condition that the ADU not be rented
out will be attached to the variance to prevent the property from subsequently being sold or used as a
duplex. Finally, it is the intent of Section 20-59 to create opportunities for residents to care for aging
family members through the use of ADUs.
5. The planning report #2023-07, dated May l6th,2023, prepared by MacKenzie Young-Walters, is
incorporated herein.
DECISION
The Chanhassen Board of Appeals and Adjustments approves the variance request for the use of a
single-family dwelling as a two-family dwelling, subject to the following conditions of approval:
1. A building permit must be obtained prior to construction.
2. Building plans must provide sufficient infonnation to verify that the proposed building/structure
meets all requirements of the Minnesota State Building Code; additional comments or requirements
may be required after plan review.
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 pennit must be obtained
prior to construction. Retaining walls (if present) under four feet in height require a zoning permit.
4. 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.
5. The exterior of the home shall maintain the appearance of a single-family home.
6. No separate entrance may be created for the apartment above the garage.
7. Separate utility services may not be established.
8. The apartment above the garage may not be rented as a separate unit.
ADOPTED by the Chanhassen Planning Commission this 16th day of May,2023
CITY OF SEN
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