11-09 Findings of Fact and Decision{ 1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Michael Gorra for a 5,880 square -foot variance from the 1,000 square -foot
accessory structure area limitation to construct a 4,000 square -foot accessory structure on
property zoned Rural Residential (RR) — Planning Case #2011 -09.
On September 6, 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 Rural Residential (RR).
The property is guided in the Chanhassen Comprehensive Plan for Residential -Low Density
(1.2 -4 units /acre), Residential- Medium Density (4 -8 units /acre), and Residential -High
Density (8 -16 units /acre).
2. The legal description of the property is as follows:
Government Lot 3, Section 10, Township 116, Range 23, except the North 66 feet, as
measured along the West line, of said Government Lot 3. Also the Southeast quarter of the
Southeast quarter of Section 10, Township 116, Range 23, except that part of the Southeast
quarter of the Southeast quarter described as commencing at the Southeast corner thereof,
thence West along the South line of said quarter - quarter 556 feet; thence North parallel with
the East line of said quarter - quarter 593.2 feet; thence deflecting to the right an angle of 62
degrees 00 minutes 150 feet, more or less, to the center line of the creek; thence Easterly
along the center line of the creek to the East line of said quarter- quarter; thence South along
said East line to the point of beginning.
3. 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 Rural Residential (RR). The purpose of the request to
exceed the 1,000 square -foot accessory structure limitation to provide adequate
agricultural storage for equipment and machinery on an agriculturally zoned property.
Agricultural uses were addressed in the discussion of the amendment in 2007, in that it
would be a reasonable request based on a legitimate agricultural use and will be keeping
in harmony with the general purpose and intent of the RR district.
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: The practical difficulties of the variance to exceed the 1,000 square -foot
limitation are directly related to the agricultural use of the property. The 126+ acres are
currently farmed and contain horses within the existing stable. The proposed structure
will house farm- related equipment and machinery.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the request is to exceed the 1,000 square -foot accessory
structure limitation to provide adequate agricultural storage for equipment and machinery
on an agriculturally zoned property.
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 agricultural uses, such as farming on property
zoned Rural Residential. It is essential for an agricultural use to store farm- related
equipment and machinery.
e. The variance, if granted, will not alter the essential character of the locality
Finding: Granting the variance to exceed 1,000 square -feet limitation for accessory
structures will not alter the character of the locality. The subject site is in excess of 126
acres, it is zoned for and permits agricultural uses. The proposed accessory structure will
provide adequate agricultural storage for equipment and machinery on an agriculturally
zoned property.
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 -09, dated September 6, 2011, prepared by Angie Kairies, et al, is
incorporated herein.
2
I 17 brMMUM
"The Board of Appeals and Adjustments approves Planning Case #2011 -09 for a 5,880
square -foot variance from the 1,000 square -foot accessory structure area limitation to construct a
4,000 square -foot accessory structure on property zoned Rural Residential (RR)."
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 6 day of
September, 2011.
CITY OF CHANHAS
BY:
Chairman