Findings of Fact
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of Douglas and Martha Wall for a IS-foot rear yard setback variance for the
construction of an addition and deck on a legal nonconforming lot of record - Planning Case No.
08-20.
On October 7, 2008, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Douglas and Martha Wall for a IS-foot rear yard setback
variance from the 30-foot rear yard setback to construct an addition and deck on a legal
nonconforming lot of record at 800 Carver Beach Road, located in the Single Family Residential
District (RSF) on Lots 1080 through 1089, Carver Beach. 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 Single Family Residential (RSF).
2. The property is guided by the Land Use Plan for Residential-Low Density (1.5 - 4 units per
acre).
3. The legal description of the property is: Lots 1080 through 1089, Carver Beach 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. 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
property is a legal nonconforming lot of record, platted in 1927 with a lot depth of 100 feet,
and predates the zoning ordinance. Based on the location of the public right-of-way and the
required setbacks, the property does not meet the minimum 125-foot lot depth required in
the RSF district. If the property met this standard, the applicant would not need a variance
to construct the proposed additions. The Carver Beach Addition was platted in 1927; many
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of the properties within Carver Beach are legal nonconforming lots of record. Of the
properties within 500 feet of the parcel, there are 20 properties that have been granted a
variance from various setback requirements. Additionally, there are numerous structures
which do not meet the setback requirement within the Carver Beach area.
b. The conditions upon which a petition for a variance is based are not applicable, generally, to
other property within the same zoning classification.
Finding: The conditions upon which this variance is based are not applicable to all
properties that lie within the Single Family Residential District. The Carver Beach Addition
is unique in and of itself as it was platted in 1927, prior to the adoption of the zoning
ordinance. The subject site is unique due to the location ofthe public right-of-way,
required setbacks and the layout of the home on the lot. While the applicant has reasonable
use ofthe property with a single-family home and a two-car garage, the lot is substandard in
that it does not meet the minimum I 25-foot lot depth requirement in the RSF district. The
subject site is less 25 feet of buildable space from the front yard to the rear yard of the
property than a standard size lot.
c. The purpose of the variation is not based upon a desire to increase the value or income
potential of the parcel ofland.
Finding: The intent of the proposed home is not based on the desire to increase the value of
the home. The property owners' intent is to add a dining area off the kitchen which is a
reasonable arrangement. The expansion is located in the rear yard of the lot. If the property
met the minimum 125-foot lot depth, the applicant would be able to construct the addition
and deck without variance approval.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The alleged hardship is not self-created as the property is a nonconforming lot of
record, platted in 1927, prior to the adoption of the zoning ordinance. The subject site does
not meet the minimum lot depth of the RSF district in the City Code. Therefore, the
distance from the front yard to the rear yard is 25 feet less than a standard lot. If the lot
depth met the minimum requirement the applicant would be able to construct the proposed
addition and deck without a variance.
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 will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood in which the parcel is located.
Many of the properties within the Carver Beach Addition are substandard as Carver Beach
Addition predates the adoption of the zoning ordinance. In addition, the site does not front
on an improved street, and the setbacks are determined by the unimproved public right-of-
way located on the west side of the property. While the expansion does not meet the rear
yard setback requirement, it is substantially below the permitted lot coverage.
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f. The proposed variation will not impair an adequate supply oflight 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 oflight 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.
5. The planning report #08-20, dated October 7,2008, prepared by Angie Auseth, et aI, is
incorporated herein.
ACTION
"The Board of Adjustments and Appeals approves Planning Case #08-20 for a I5-foot
variance from the 30-foot rear yard setback for the construction of a dining room addition and deck,
as show on plans dated Received September 5, 2008, on Lots 1080 through 1089, Carver Beach
Addition, based on these findings of fact."
ADOPTED by the Chanhassen Planning Commission on this 7ili day of October, 2008.
BY:
COMMISSION
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