Findings of Fact and Action 10-20-09
oQ-f5
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
IN RE: Application of Bill Worms of BayCliff Homes, on behalf of Betsy Anding, for an 18.5-
foot shoreland setback variance (56.5-foot setback) for the construction of a single-family home
on a non-conforming lot of record - Planning Case No. 09-15.
On October 20,2009, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Bill Worms of BayCliff Homes, on behalf of
Betsy Anding, for a shoreland setback variance to construct a single-family home on a non-
conforming lot located at 3625 Red Cedar Point Road, located in the Single-Family Residential
(RSF) district on Lot 11, Block 4 and the east 10 feet of Lot 12, Block 4, Red Cedar Point Lake
Minnewashta. 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 11, Block 4 and east 10 feet of Lot 12, 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 these criteria.
Finding: The literal enforcement of this chapter does cause an undue hardship. The parcel
predates the Chanhassen City Code, as it was platted in 1913 and is a legal non-conforming
lot of record. The site is significantly smaller than the required 20,000 square feet of area
and the 90 feet of street and lake frontage. The subject site has an area of 6,770 square feet
and 50 feet of lake and street frontage. Several of the properties within 500 feet of the
parcel are also legal non-conforming, many of which may already have or require variance
approval to construct or modernize their property.
1
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 request is unique to the
Red Cedar Point Lake Minnewashta subdivision as it predates the adoption of the City Code
and many of the houses and properties within the subdivision do not meet the current lot
requirements for the district. The proposed shoreland setback is consistent with the adjacent
properties, which are legal nonconforming structures, built in the 1920's.
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. The property owner's intent is to provide reasonable use of the property by
constructing a single-family home on the lot. Additionally, the size of the proposed home
and location in reference to the shoreline is consistent with the neighboring properties within
the Red Cedar Point subdivision, and therefore, is a reasonable request.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The alleged hardship is not self-created. The lot was platted in 1913 and therefore
does not comply with the lot area or width requirements of the RSF and Shoreland district
and is a nonconforming lot of record. Current ordinances require all new platted lots to show
a 60'x60' building envelope. The subject site has a 30'x30' building envelope. The
applicant is requesting reasonable use of the property, which is a single-family home. The
required 75' setback significantly limits the buildable area on the lot.
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 of 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 construct a
single-family home which is a permitted use within the RSF district and maintain the
adjacent properties' lake views by proposing a similar setback.
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 home will be beneficial to the neighborhood, as it is currently an empty
lot with a storage shed on the site. According to City Code, reasonable use of the property is
a single-family home.
2
5. The planning report #09-15, dated October 20.2009, prepared by Angie Kairies, et aI, is
incorporated herein.
ACTION
"The Chanhassen Planning Commission, as the Board of Appeals and Adjustments,
approves an 18.5-foot shoreland setback variance, for the construction of a single-family home on a
non-conforming lot of record, Planning Case #09-15, based on these findings of fact."
ADOPTED by the Chanhassen Planning Commission on this 20th day of October, 2009.
BY:
COMMISSION
G:\PLAN\2009 Planning Cases\09-15 Anding Variance - 3625 Red Cedar Point\1O-20-09 Findings of Fact.doc
3