Findings of Fact-Planning Commission
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
INRE:
Application of David and Julie Scherle for a 7-foot 3-inch side yard setback variance
for the addition of a shed - Planning Case No. 07-22.
On October 2,2007, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the Application of David and Julie Scherle for 7-foot 3-inch side yard
setback variance for the addition of a shed at 8541 Flamingo Drive, located in the Planned Unit
Development Residential District (PUD-R) at Lot 4, Block 1, Lake Susan Hills West 5th Addition.
The Planning Commission conducted a public hearing on the proposed variance that was
preceded by published and mailed notice. The Planning Commission heard testimony from all
interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Planned Unit Development Residential (PUD-R).
2. The property is guided by the Land Use Plan for Residential- Low Density (Net Density
Range 1.2 - 4uJ Acre).
3. The legal description of the property is: Lot 4, Block 1, Lake Susan Hills West 5th 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, and a two-car garage are constructed on the property.
An alternate storage area could be constructed and comply with City Code.
b. The conditions upon which this variance is based are applicable to all properties in the
PUDR zoning district. All properties within the Lake Susan Hills West development must
maintain a 10 foot side yard setback. When the subdivision was platted in 1987, the
developer had to demonstrate that a 60 by 60 house pad could fit on each lot with in the
required setbacks.
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.
d. The alleged hardship of encroaching into the side yard setback is a self-created hardship.
The desire for the proposed shed is based on the purchase of a motorcycle and indoor
storage. An accessory building is allowed within the buildable area provided it meets the
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zoning requirements. The applicant has reasonable use of the property, a single family
house and a two car garage, as well as another shed in the rear yard of the property. The
proposed variance is for convenience, rather than necessity.
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. Since the shed crowds the
common property line to the North and reducing the required separation between buildings.
f. The proposed variation may impair an adequate supply of light and air to adjacent property
or substantially increase the congestion of the public streets, due to the close proximity of
the structure to the property line.
5. The planning report #07-22 Variance dated October 2,2007, prepared by Angie Auseth, et aI,
is incorporated herein.
ACTION
"The Planning Commission denies Planning Case 07-22, for a 7-foot 3-inch side yard
setback variance from the required lO-foot side yard setback for the construction of a shed on Lot 4
Block 1, Lake Susan Hills West 5th Addition, based on the findings of fact in the staff report. The
Planning Commission further directs that:
1. The applicant must move the shed and comply with the Zoning Ordinance.
2. The applicant must re-vegetate all removed hard surface areas with grass seed or sod."
ADOPTED by the Chanhassen Planning Commission on this 2nd day of October, 2007.
CHANHASSEN PLANNING COMMISSION
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