Findings of Fact
16 -Q I
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
INRE:
Application of Candyce & Fred Penteado for a variance to use a single-family dwelling as a two-
family dwelling on property zoned Single Family Residential (RSF) - Planning Case No. 10-01.
On January 19,2010, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application Candyce & Fred Penteado for a variance to use a
single-family dwelling as a two-family dwelling on property zoned Single Family Residential
(RSF), located at 6739 Brenden Court, Lots 4 & 5, Block 1, Brenden Pond 3rd Addition. 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: Lots 4 & 5, Block 1, Brenden Pond 3rd 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. There is a demonstrated need based upon disability, age or financial hardship.
Finding: The applicant's motherlmother-in-law currently lives by herself four hours
away, in Detroit Lakes and is experiencing health issues. The applicant is concerned with
the financial burden of outside long-term care. They want her in their home in case of
emergencies related to her health and well-being. They believe they are her only option
for long-term care and housing while maintaining her independence.
b. The dwelling has the exterior appearance of a single-family dwelling, including the
maintenance of one driveway and one main entry.
Finding: The exterior design of the home will have the appearance of a single-family
dwelling; there is one main entry and one driveway leading to the proposed four-car
garage, which will accommodate all vehicles. There is a stairway accessing the space
above the garage which is located off of the mudroom in the main house. Access to the
mudroom is gained either from within the garage or through the main front door of the
proposed home.
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There is a service door located on the east side of the garage, which faces Brenden Court.
This entrance is located on the opposite side of the garage to the main house and
mudroom. This would not function as a separate entrance into the home as the service
door is located on the opposite side of the garage to the main house and mudroom. The
homeowner would have to walk the width of the garage around the vehicles to enter the
mudroom. Additionally, as stated by the applicant, the four car garage will accommodate
all vehicles; therefore, their mother/mother-in-Iaw would already have accessed the
garage.
c. Separate utility services are not established (e.g. gas, water, sewer, etc.).
Finding: Separate utility services will not be established.
d. The variance will not be injurious to or adversely affect the health, safety or welfare of the
residents of the city or the neighborhood where the property is situated and will be in
keeping with the spirit and intent of this chapter.
Finding: The request is consistent with the criteria outlined in the city code and will
therefore not adversely affect the health, safety or welfare of the resident of the city or the
neighborhood. The site will maintain the appearance of a single-family dwelling including a
single driveway, main entrance.
5. The planning report #10-01, dated January 19,2010, prepared by Angie Kairies, et aI, is
incorporated herein.
ACTION
The Chanhassen Planning Commission, as the Board of Adjustments and Appeals,
approves a variance to use a single-family dwelling as a two-family dwelling on property zoned
Single Family Residential (RSF) located on Lots 4 & 5, Block 1, Brenden Pond 3rd Addition,
Planning Case #10-01.
ADOPTED by the Chanhassen City Council on this 19th day of January, 2010.
CHANHASSEN PLANNING COMMISSION
BY:
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