Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of Christophe and Nadine Beck for a bluff setback variance, a water-oriented
accessory structure size variance and a detached accessory structure variance for the construction
of a 480 square-foot water-oriented structure (shed/deck) in the Single-Family Residential (RSF)
District - Planning Case No. 08-23.
On January 6,2009, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Christophe and Nadine Beck for an II-foot bluff setback
from the 30-foot bluff setback, a 230 square-foot water-oriented accessory structure variance
from the 250 square-foot maximum, and a 286 square-foot detached accessory structure variance
from the 1,000 square-foot maximum for the construction of a 480 square-foot water oriented
structure (shed/deck) at 6250 Ridge Road, located in the Single Family Residential District (RSF).
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 (1.2 - 4 units per
acre ).
3. The legal description of the property is shown in the attached Exhibit A.
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 these criteria.
Finding: The literal enforcement of this chapter does not cause an undue hardship. While,
the applicant currently has reasonable use of the property including a single-family home, an
attached two car garage and a detached two car garage, the City code allows for a water
oriented accessory structure of 250 square feet to provide reasonable use of the shoreland.
A 250 square foot water oriented structure can be constructed within the setbacks
restrictions of the property. The limitation of the 1,000 square foot detached accessory
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structure is to preclude home occupations from being run out of them. The 56 square foot
variance is not for a single structure to exceed the 1,000 square foot maximum size
limitation, which minimizes the risk of a business being run out of either of the structures.
The garage is located near Ridge Road, the east side of the property and the proposed
structure is located near the lake on the west side of the property. The applicant wishes to
better utilize the lakeshore with an open deck as well as provide storage for water oriented
equipment. A 250 square foot water oriented accessory structure is a reasonable request as
it is permitted by City Code.
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 applicable to all residential
riparian properties. City Code allows for a 250 square foot water oriented structure. This
structure can be constructed within the setback requirement as outlined in the city code and
therefore, is a reasonable request. The detached accessory structure limitation was adopted
to avoid home occupations within detached accessory structures. The existing two car
garage is located near the street frontage while the water oriented structure is located near
the lake. The water oriented accessory structure allows the homeowner to better utilize the
lakeshore.
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 request is not based on the desire to increase the value of the
home. The property owner's intent is to have a storage area for water-oriented equipment
and an attached deck for entertaining.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The applicant has reasonable use of the property which contains a single-family
home with an attached two-car garage and a detached two-car garage. The proposed
structure includes an 80 square foot shed and 170 square foot open deck, which is allowed
as part of the Shoreland Management District and is a reasonable request.
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 addition of any structure near the lake may have an impact. However, the
size of the structure is consistent with City Code and DNR regulations and can be
constructed within the setback requirements. These regulations apply to all riparian lots
within the city limits, to allow for storage and utilization of property near the lake. A 250
square foot water oriented accessory structure is a reasonable request as it meets the
guidelines of the City Code and DNR regulations.
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
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within the neighborhood.
Finding: The proposed shed/deck 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, since it complies with all the required setbacks.
The planning report #08-23, dated January 6, 2009, prepared by Angie Auseth, et aI, is
incorporated herein.
CONCLUSION
The Planning Commission determined that the 480 square foot water-oriented structure was
unreasonable and that the variance requests for the setback would impair the integrity of the bluff.
A 250 square foot water-oriented structure is permitted by City Code to provide adequate storage
and use of the shore1and. The Planning Commission concluded that a 250 square foot structure was
a reasonable request and could be constructed within the required setbacks as outlined in City Code.
Therefore, Planning Commission denied the bluff setback and the water oriented accessory structure
size variance and approved a 56 square foot variance from the 1, 000 square foot limitation for
detached accessory structures.
ACTION
"The Planning Commission approves Planning Case #08-23 for a 56 square foot detached
accessory structure variance for the construction of a 250 square-foot water-oriented structure
and denies the bluff setback and water oriented accessory structure size limitation variance
requests on property legally described in the attached Exhibit A, based on these findings of fact."
ADOPTED by the Chanhassen Planning Commissio on this 6th day of January, 2009.
ION
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