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Findings of Fact and Action 10-06-09 0<1- J5 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 15.5- foot front yard setback variance (14.5-foot setback) from the minimum 30-foot front yard setback requirement; a 6.5-foot east side yard setback variance (3.5-foot setback) from the minimum 10- foot side yard setback requirement; a 9-foot driveway setback variance along the west property line (I-foot setback) from the minimum lO-foot driveway setback; a variance from the two-car garage requirement for the construction of a single-car garage; and a 12.3% variance (37.3%) from the 25% hard surface coverage maximum requirement variance for the construction of a single-family home on a non-conforming lot of record - Planning Case No. 09-15. On October 6,2009, 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 front yard setback, east side yard setback, driveway setback, single-car garage, and a hard surface coverage 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 ofthis 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. 1 b. Finding: The literal enforcement of this chapter does cause an undue hardship. The parcel predates the zoning ordinance 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 sites. c. 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. This condition is unique to the Red Cedar Point Lake Minnewashta subdivision as it predates the adoption of the zoning ordinance and many of the houses and properties within the subdivision do not meet the current lot requirements for the district. The 284 square feet of Red Cedar Point Road lies within the subject property, thus occupying 4% of the available hard surface coverage for the site, limiting the available area for a single-family home, garage, driveway, etc. d. 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 addition 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. A two-car garage is a requirement of the RSF district; however, a standard two-car garage would occupy over 50% of the lot area. Therefore, due to the size of the lot and the scale of the home, the applicant is proposing to construct a 10' x 20' single-car garage. Additionally, the size of the proposed home and garage is within the size range of the homes on surrounding properties within the Red Cedar Point subdivision, and is a reasonable request. e. The alleged difficulty or hardship is not a self-created hardship. Finding: The alleged hardship is not self-created because the applicant is requesting to construct a single-family home on a non-conforming lot of record which does not meet the lot area or width requirements of the RSF and Shoreland district. Red Cedar Point Lake Minnewashta was platted in 1913 and predates the adoption of the zoning ordinance. The proposed single-family dwelling and 13' x 20' single-car garage is smaller in size than what the neighborhood and market demands for an individual dwelling unit within an attached single-family building. Additionally, 284 square feet of Red Cedar Point Road is located on the subject site which significantly limits the available hard surface coverage of the site. f. 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. 2 Finding: The granting of a variance for the construction 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 with a single-car garage versus a two-car garage to minimize the building square footage, and maintain the adjacent properties' lake views by proposing a similar setback. The proposed driveway will accommodate the turning radius of a passenger vehicle into the side-load garage as well as accommodate off-street parking. g. 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. 5. The planning report #09-15, dated October 6,2009, prepared by Angie Kairies, et aI, is incorporated herein. ACTION "The Chanhassen City Council approves a 15.5-foot front yard setback variance, a 6.5-foot east side yard setback variance, a 9-foot driveway setback variance along the west property line, a variance from the two-car garage requirement for the construction of a single-car garage, and a 12.3% hard surface coverage 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 City Council on this 6th day of October, 2009. BY: OMMISSION g:\plan\2009 planning cases\09-l5 anding variance - 3625 red cedar point\rcp findings of fact.doc 3