25-06 Signed findings of factCITY OF CHA,NHASSEN
CARVER AND HENNEPTN COUNTIES, MINNESOTA
FINDINCS O}- I.-AC]'
AND D[,CISION
IN I{E:
Application of Bryan Anderson for front yard setback variance to expand the house at the exisrillg
non-conforming setback of approximately 22 feet in the Residential District (RSF) - Planning Case
2025-06.
On April 15, the Chanhassen Planning Commissiou, acting as the Board ofAppeals and
Adjustmcnts, mct at its rcgularly schcdulcd mecting to considcr thc application. The Plannrng
Commission conducted a public hearing on the proposed variance preceded by published and mailed
noticc. Thc Board of Appeals and Adjustmcnts makcs thc following:
l. The property is currcntly zoned Single Family Residential District (RSF).
2. The property is guidcd in the Chanhasscn Comprehensivc Plan for Residential Low Density
Thc lcgal dcscription of thc propcrry is:
Lots 1024 - 1037, Can er Beach, Carver County, Minnesota.
3. Varialce Findinss - Section 20-58 of the Cit y Code provides the following criteria for the
granting of a variance
Variances shall only bc pcrmitted when they arc in hannony with thc gcncral purposcs and
intent of this Chapter and whcn the variauces are consistent with the Comprehensive Plan.
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Finding: The proposed home addition is a reasonable use of the property and the proposed
addition will not further encroach into the front yard setback and instead is designed to
maintain the current lawful non-conforming front yard setback distance. This is in harmony
with the general purpose of the zoning chapter and the city's comprehensive plan.
b. When there are practicaldifficulties 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
sola r energy systems.
Finding: The property was platted in 1927 prior to the city's adoption of current zoning
ordinances. The property has public right of way on two sides, only one of which contains a
roadway, The property is the combination of what had been platted as 14 small lots and
I'INDINGS OF I.-AC'I'
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combined into one lot which is currently 23,260 square feet in size. The applicant is
proposing an addition containing a dedicated dining room and office space which is a
reasonable use of the property. The location of the addition is also reasonable as it is
proposed to be located no closer to the front lot line which maintains the current lawful
nonconforming front yard setback. The existing lawful nonconforming setback and the
additional front yard setback on the eastern side of the property due to excess right-of-way
creates a practical difficulty in adhering to the minimum currently required front yard
setback,
That the purpose of the variation is not based upon economic considerations alone
Finding: The proposed variance is not based on economic considerations alone; it is the
result of a need for increased living and working space in the home.
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 created by the age of the property and the
construction of the home prior to the City establishing a zoning ordinance.
Finding: The applicant has proposed a location for the addition that is consistent with the
current front yard setback of the home and not in close proximity to any adjacent
properties. The addition will not alter the essential character of the neighborhood.
Finding: The proposed addition is not an earth-sheltered construction and therefore this
statement is not applica ble.
4. The planning report #2025-06, dated April 2,2025, prcparcd by Rachcl Jcske et al, is
incorporated hcrein.
Tlie Planning Commission approves the requested lbr tiont yard setback variance, subject to the
following conditions:
1. Building plans must provide sufficicnt information to verify that proposcd building meets all
requirements olthe Minnesota State Building Code, additional comments or requirements
may bc rcquircd aftcr plan rcvicw.
2. A building permit must be obtained before beginning any construction.
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e. The variance, if granted, will not alter the essential character of the locality.
f. Variances shall be granted for earth-sheltered construction as defined in Minnesota
Statutes Section 276C.O6, subdivision 14, when in harmony with this Chapter.
DI'('ISION
3. Retaining walls (ifpresent) nlore than four f'eet high, ureasured front the bottom ofthe
footing to thc top of thc wall, must be dcsigncd by a protcssional cngincer and a building
permit must be obtained prior to corlstruction. Retainiug walls (if present) under fbur feet in
height requirc a zoning permit.
4. If any soil corrections are done on the pl'operty a final grading plan and soil report must be
submitted to the lnspections Division before penrrits are issued.
ADOPTED by the Clianhassen Planning Contmission this l5th day of April.2025.
CITY OF C NHA SEN
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