Findings of Fact
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of Brad and Heidi Moe for a 4,145 square-foot variance to permit the
construction of a 1,568 square-foot detached garage/shop for agricultural purposes - Planning
Case No. 08-13.
On June 17, 2008, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the Application of Brad and Heidi Moe for a 4,145 square-foot variance
from the 1,000 square-foot size limitation for detached accessory structures for the construction
of a detached garage/shop for agricultural purposes at 1425 Bluff Creek Drive, located in the Rural
Residential District (RR) on Lot 1, Block 1, The Hesse Farm 2nd 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 the MUSA).
3. The legal description of the property is: Lot 1, Block 1, The Hesse Farm 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 create a hardship. The property is zoned
Rural Residential (RR) which permits agricultural uses and storage buildings. The property
is an active farm operation which requires multiple storage buildings for the storage of farm
supplies and equipment. The ordinance was changed in May 2007 limiting detached
accessory structures to 1,000 square feet with the presumption that a request to exceed the
square footage limitation for a legitimate farm operation would be reasonable. There are
two active farms within 500 feet of the subject site, both of which have detached accessory
structures that exceed the 1,000 square foot limitation for the storage of related farm
equipment and supplies.
b. The conditions upon which this variance is based are not applicable to all properties in the
RR zoning district. City Code was changed 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 it is an active farmstead and the applicant is continuing the 90 year tradition of
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fanning 70 plus acres of land. The detached accessory structures are an essential part of the
farm operation for the storage and maintenance of supplies and equipment.
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 purpose of the variance is to update an old storage and
repair garage as they continue the fanning operation over 70 plus acres of land.
d. The alleged hardship of exceeding the 1,000 square-foot maximum accessory structure is
not a self-created hardship. The purpose of the applicants' request is to continue the 90 year
tradition of fanning on the subject site, which requires storage buildings in excess of 1,000
square feet. The applicant farms over 36 acres under their personal ownership, as well as
over 40 acres on neighboring properties. Storage buildings are essential to the farm
operation in order to store and repair the necessary farm supplies and equipment. The
ordinance was changed in 2007 to limit home occupations run out of accessory structures.
At that time, it was presumed that legitimate agricultural uses which came in to construct
or expand agricultural buildings would be able to receive a variance for such expansion
since the size of the structure is related to its use for agricultural purposes. The hardship
would relate to the ability to maintain the farming operation.
e. 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. The parcel is zoned Rural
Residential (RR) and is eight acres in size and is an active farm. The applicant farms over
76 acres of personal and neighboring property in the area. The site currently has a 95 year
old active barn that holds over 5,000 hay bales each season. The addition will have minimal
impact on the neighboring properties and is an essential part of the farm operation.
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 garage/shop will
be located where the existing house is and will serve the same purpose as the current
garage/shop that will be removed. The equipment to be stored in the proposed garage/shop
is currently on the site and is currently being used for fanning neighboring properties. The
addition of the garage/shop will not increase traffic congestion on the Bluff Creek Drive.
The garage/shop is within the required setbacks and impervious surface requirements of the
property.
5. The planning report #08-13, dated June 17, 2008, prepared by Angie Auseth, et aI, is
incorporated herein.
ACTION
"The Board of Adjustments and Appeals approves Planning Case #08-13 for a 4,145
square-foot variance from the maximum 1,000 square-foot detached accessory structure for an the
construction of a 1,568 square-foot detached garage/shop on Lot 1, Block 1, The Hesse Farm 2nd
Addition, based on these findings of fact."
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ADOPTED by the Chanhassen Planning Commission on this 17th day of June, 2008.
g:\plan\2008 planning cases\08-13 moo variance\findings of fact.doc
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