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Findings of Fact CC CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDATION INRE: Application of Southview Design for a 3.3% hard surface coverage variance for the addition of multiple patios and hardscape - Planning Case No. 07-19. On September 24,2007, the Chanhassen City Council met at its regularly scheduled meeting to consider the Appeal of South view Design for a 3.3% hard surface coverage variance for the addition of multiple patios and hardscape at 2101 Pinehurst Drive, located in the Single- Family Residential District (RSF) at Lot 23, Block 1, Pinehurst 2nd Addition, which had been denied at the September 4, 2007 Planning Commission meeting. The City Council conducted a hearing on the proposed variance. The City Council reviewed the September 4, 2007 Planning Commission minutes, heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential - Low Density (Net Density Range 1.2 - 4u/Acre). 3. The legal description of the property is: Lot 23, Block 1, Pinehurst 2nd Addition. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. The literal enforcement of the ordinance does not create a hardship, since a reasonable use of the property, a single-family home, a two car garage, and the addition of a ten foot by ten foot patio could be constructed without a variance. The proposed use is not a reasonable use of the property; the extra 3.3% impervious surface coverage will contribute to storm water quantity and quality problems. b. The conditions upon which this variance is based are applicable to all properties in the RSF zoning district. These conditions were discussed at length during the Planning Commission and City Council meetings when the development came in for preliminary and final plat approval. The development was replatted in 2006 and two lots were eliminated to increase the size of the lots. The lots are well over the minimum lot area requirement and have sufficient space to construct the desired home as well as other improvements to the property. 1 c. The purpose of the variation is not directly based on the desire to increase the value or income potential of the parcel of land. However, the income potential may be increased as an indirect result. d. The alleged hardship of exceeding the maximum hard surface coverage is a self-created hardship. The homes on the lots are very large. However, there was an additional 345 square feet of allowable expansion possible after the initial approval of the building permit. e. The variance may be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located, in that additional storm water runoff is generated from the hard surface on the property. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets. 5. The planning report #07-19 Variance dated September 24,2007, prepared by Angie Auseth, et aI, is incorporated herein. ACTION The Chanhassen City Council denies the Variances from the impervious surface restrictions for the construction of multiple patios and hardscape. ADOPTED by the Chanhassen City Council on this 24th day of September, 2007. CHANHASSEN CITY COUNCIL BY: JL A ';f Thomas A. Furlong, r g:\plan\2007 planning cases\07 -19 2101 pinehurst hsc variance\cc findings of fact.doc 2