Findings of Fact and Action
01-10
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of Brent and Karen Hislop for a IS-foot front yard setback variance -
Planning Case No. 09-10.
On August 18, 2009, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Brent and Karen Hislop for a IS-foot front yard setback
variance from the 30-foot setback requirement at 6604 Alder Way, 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: Lot 9, Block 1, Pinehurst 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. 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 the setback requirement would cause an undue
hardship. The house location would be forced further south into the wooded area that the
City is trying to preserve. The house would also be pushed out of the building orientation
and alignment being maintained by the rest of the houses along this private street.
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: Due to the angle of the lot relative to the northern property line, the proposed
building pad encroaches into the setback on the western side of the property but
maintains an approximately 70-foot setback on the east side of the property.
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 proposed variance allows the house to maintain the building orientation and
alignment being maintained by the rest of the houses along this road. Additional tree
preservation and surface water benefits can be achieved through the granting of the variance.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The difficulty is due to the angle of the lot relative to the northern property line.
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 proposed variance allows the house to maintain the building orientation and
alignment of the houses along this private street and provides additional tree preservation
and surface water benefits.
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 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.
The planning report #09-10, dated August 18,2009, prepared by Robert Generous, et aI, is
incorporated herein.
CONCLUSION
The Planning Commission has determined that the granting of the variance is in conformance with
the spirit and intent of the City Code and Comprehensive Plan.
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ACTION
''The Planning Commission as the Board of Adjustments and Appeals approves a IS-foot front
yard setback variance, Planning Case #09-10, for the construction of a single-family home on
property legally described as Lot 9, Block 3, Pinehurst 2nd Addition, based on these findings of
fact. "
ADOPTED by the Chanhassen Planning Commission on this 18th day of August, 2009.
BY:
NNING COMMISSION
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