08-04 Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of David and Mary 10 Anding Bangasser for an 20.2-foot front yard variance
from the 30-foot front yard setback requirement and an 8-foot side yard variance from the lO-foot
side yard setback requirement for the demolition and reconstruction of a single-family home-
Planning Case No. 08-04.
On March 4, 2008, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of David and Mary 10 Anding Bangasser for an 18.2-foot
front yard setback variance and an 8-foot side yard setback for the demolition and reconstruction
of a single-family home. 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 Residential Single Family (RSF).
2. The property is guided by the Land Use Plan for Residential-Low Density (1.2-4 units/acre).
3. The legal description of the property is: Lot 1, Block 5 and Lot 16, Block 4, Red Cedar Point
Lake Minnewashta.
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. That the literal enforcement of this chapter would cause an undue hardship. Undue hardship
means that the property cannot be put to reasonable use because of its size, physical
surroundings, shape or topography. Reasonable use includes a use made by a majority of
comparable property within 500 feet of it. The intent of this provision is not to allow a
proliferation of variances, but to recognize that there are pre-existing standards in this
neighborhood. Variances that blend with these pre-existing standards without departing
downward from them meet this criteria.
Finding: The literal enforcement of this chapter does cause an undue hardship. The parcel
predates the zoning ordinance as it was platted in 1913 and was a summer cabin; the site is
legal nonconforming. The properties within 500 feet of the parcel are also legal
nonconforming, many of which may already have or require variance approval to modernize
their sites.
b. The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
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Finding: The conditions upon which this variance is based are not applicable to all
properties that lie within the Single Family Residential District. This condition is unique to
the Red Cedar Point Lake Minnewashta subdivision as it predates the adoption of the zoning
ordinance and many of the houses and properties within the subdivision do not meet the
current lot requirements for the district.
c. The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding: The intent of the proposed home is not based on the desire to increase the value of
the home, rather to make the house their permanent residence. Red Cedar Point Lake
Minnewashta was platted in 1913 and the current structure was built in 1920 as a seasonal
cabin.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The alleged hardship is not self-created because the applicant is requesting to
update an existing cabin into a permanent residence located on a nonconforming lot of
record. Red Cedar Point was platted in 1913 and predates the adoption ofthe zoning
ordinance. The proposed single family dwelling is smaller in size than what the market
demands for an individual dwelling unit within an attached single-family building.
e. The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: The granting of a variance for the construction a single-family home will not be
detrimental to the public welfare or injurious to other land or improvements in the
neighborhood in which the parcel is located. The applicant is proposing to reduce the
amount of hard surface coverage on the site, maintain the required shoreland setback and
create a surface water infiltration area within the retaining wall to reduce the runoff into
Lake Minnewashta.
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 or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The proposed home will not impair an adequate supply of light or air to the
adjacent property or substantially increase the congestion of the public streets or increase the
danger of fire or endanger the public safety or diminish property values within the
neighborhood. The modernized home will be beneficial to the neighborhood, as there is
currently a seasonal cabin, constructed in 1920, located on the property. There is an existing
house on the site. According to City Code, reasonable use of the property is a single family
home. The proposed home will be constructed to maintain substantial separation between
the neighboring properties as well as maintain the required shoreland setback.
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5. The planning report #08-04 Variance dated March 4, 2008, prepared by Angie Auseth, et aI,
is incorporated herein.
ACTION
"The Planning Commission approves Planning Case 08-04, for an 20.2-foot front yard
variance from the 30-foot required front yard setback and an 8-foot side yard setback variance from
the lO-foot required side yard setback for the demolition and construction of a single-family home
on Lot 1, Block 5 and Lot 16, Block 4, Red Cedar Point Lake Minnewashta."
ADOPTED by the Chanhassen Planning Commission on this 4th day of March, 2008.
BY: /
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