Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of John and Cindy Hart for a 177 square-foot variance from the 1,000 square-
foot size limitation for an addition to a 725 square-foot detached garage - Planning Case No. 07-
28.
On November 20,2007, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the Application of John and Cindy Hart for a 177 square-foot
variance for an addition to an existing detached garage at 951 Homestead Lane, located in the Rural
Residential District (RR) on Lot 2, Block 3, Pioneer Hills 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 Rural Residential (RR).
2. The property is guided by the Land Use Plan for Residential-Large Lot (2.5 acre minimum,
1/10 acre outside MUSA).
3. The legal description of the property is: Lot 2, Block 3, Pioneer Hills 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 create a hardship. In 1987 when the
homeowners built their home, they chose to build a detached garage rather than an attached
garage with the intention of expanding it in the future, at which time there was not a size
limitation for accessory structures in the Rural Residential (RR) District. The ordinance was
changed in May 2007 limiting detached accessory structures to 1,000 square feet. There are
pre-existing standards within the neighborhood. There are eight properties within the
Pioneer Hills Development with detached accessory structures in addition to an attached
garage, four (4) of which exceed the 1,000 square foot limitation.
b. The conditions upon which this variance is based are not applicable to all properties in the
RR zoning district. City Code was change in May of 2007 limiting the size of a detached
accessory structure in the RR district to 1,000 square feet. The subject site is unique due to
the fact that the detached garage is the only garage located on property. The neighboring
properties with detached accessory structures are in addition to an attached garage.
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c. The purpose of the variation is not based on the desire to increase the value or income
potential of the parcel of land, the applicant wishes to have a woodworking shop as well as
extra storage space.
d. The alleged hardship of exceeding the 1,000 square-foot maximum accessory structure is
not a self-created hardship. The applicant built the detached garage in 1987 with the
intention of expanding the garage in the future. The ordinance was amended in May of
2007, limiting the size of detached accessory structures to 1,000 square feet. Several
neighboring properties in the Pioneer Hills Development currently have detached accessory
structures in addition to an attached garage, some exceeding the 1,000 square foot limitation.
The subject site is unique due to the fact that the detached garage is the sole garage on the
property.
e. The variance may not be detrimental to the public welfare or injurious to other land or
improvements in the neighborhood in which the parcel is located. The parcel is 2.5 acres in
size and has a natural berm along Homestead Lane, which screens the garage. Thus, the
addition will have minimal impact on the neighboring properties.
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. The addition is within
the required setbacks and impervious surface requirements of the property.
5. The planning report #07-28 Variance dated November 20,2007, prepared by Angie Auseth,
et aI, is incorporated herein.
ACTION
"The Planning Commission approves Planning Case 07-28, for a 177 square-foot variance
from the maximum 1,000 square-foot detached accessory structure for an addition to a detached
garage on Lot 2, Block 3, Pioneer Hills Addition, based on the findings of fact."
ADOPTED by the Chanhassen Planning Commission on this 20th day of November,
2007.
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