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