Findings of Fact and DecisionCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
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Application of Matt and Sarah Christensen for a 1,304 square -foot variance from the 1,000
square -foot accessory structure area limitation to construct a 2,304 square -foot stable on property
zoned Agricultural Estate (A2) — Planning Case #2011 -06.
On July 19, 2011, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and
mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned Agricultural Estate (A2).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Large Lot.
3. The legal description of the property is Lot 3, Block 1, Lake Riley Highlands Addition.
4. Variance Findings — Section 20 -58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding: The subject site is zoned Agricultural Estate (A2). Private stables are a
permitted use within the A2 zoning district. The property is 6.63 acres, and according to
City Code could contain up to 16 horses. A private stable in excess of the 1,000 square
feet is in harmony with the general purposes and intent of this chapter and consistent with
the comprehensive plan.
b. When there are practical difficulties in complying with the zoning ordinance. 'Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: Limiting the area of the stable to 1,000 square feet for a horse stable is a
practical difficulty, being that the property could, according to City Code, house up to 16
horses. City Code also requires that horses must be provided shelter of sufficient size to
provide necessary protection and must provide space for the animal to roll. A 1,000
square -foot stable would minimize the stall and walkway spaces as well as storage area for
related supplies.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the request is to have a private stable and horses on an
agriculturally zoned lot for personal use. The private stable is not intended for economic
gain.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The property is unique due to the fact that it is an agriculturally zoned property
within the City. City ordinance permits private stables on agriculturally zoned property.
However, to limit home occupations from being run out of accessory structures, the city
limited the size of accessory structures in all residential zoning districts to 1,000 square
feet in 2007.
City Code also requires that horses must be provided shelter of sufficient size to provide
necessary protection and must provide space for the animal to roll. A 1,000 square -foot
stable would minimize the stall and walkway spaces as well as storage area for related
supplies.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: A private stable in excess of 1,000 square feet will not alter the essential
character of the locality; rather it is consistent with the A2 zoning district and permitted
uses.
f. Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2011 -06, dated July 19, 2011, prepared by Angie Kairies, et al, is
incorporated herein.
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DECISION
The Board of Appeals and Adjustments approves Planning Case 2011 -06, for a 1,304
square -foot variance from the 1,000 square -foot accessory structure area limitation to construct a
2,304 square -foot stable on property zoned Agricultural Estate (A2).
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 19 day of July,
2011.
CITY OF CHANHASSEN
BY:
Chairman
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