Signed Findings of Fact 2730 Sandpiper TrailCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE
Application of Les Macleod , for a variance to use a single-family dwelling as a two-family
awitting on a properry zoned Single-Family Residential District (RSF) - Planning Case2023-14.
On July 18,2023,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 alublic hearing on the proposed variance preceded by published and mailed
notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single-Family Residential District (RSF)'
Z. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is: Lot 3, Block 2, Minnewashta Manner, Carver County,
Minneiota. Property address 2730 Sandpiper Trail. PID 255050170.
4. Variance Findinss - Section 20-59 of the City Code provides the following criteria for the
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*r*"ce 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 the need for an
aging rJative to iive in closer proximity to family members for caretaking.
b. The dwelling has the exterior appearance of a single-family dwelling, including the
maintenance of one driveway and one main entry'
Finding: The addition maintains the exterior appearance of a single-family dwelling, with a
single driu.*uy access and a single main entrance, and conditions have been placed on the
variance that dt not permit alteration of the exterior of the structure such that it would no
longer maintains the appearance of a single-family home'
c. 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 of this chapter'
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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 traffic, noise,
or transient 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 staff s 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.
The planning report #2023-14, dated July l8 2023, prepared by Robert Generous, et al, 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:
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A building permit must be obtained prior to construction.
Building plans must provide sufficient information to verifr that the proposed
building/structure meets all requirements of the Minnesota State Building Code; additional
comments or requirements may be required after plan review.
The exterior of the home shall maintain the appearance of a single-family home.
No separate entrance may be created for the apartment.
Separate utility services may not be established'
The apartment above the may not be rented as a separate unit.
ADOPTED by the Chanhassen Planning Commission this 18ft day of July, 2023.
CITY OF CHANHASSEN
BY:
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