Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Gayle and Lois Degler for a 13,191 square -foot variance from the 1,000 square -
foot accessory structure area limitation to construct a 2,592 square -foot accessory structure on
property zoned Agricultural Estate District (A -2) — Planning Case #2012 -01.
On January 3, 2012, 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 District (A -2).
2. The property is guided in the Chanhassen Comprehensive Plan for Office Industrial.
3. The legal description of the property is as follows:
P/O GOVT LOT 2 & P/O W1 /2 SE 1/4 DESC AS: COMM AT NE CORN NW1 /4 SE1 /4
22 -116- 23 TH S 1320' TH W 66' TH S38 *W 157.08' TH S73 *W 287.1' TH S36 *W
125.4' THS17 *W 244.2 FR TH N82 *W 99' TH N 528' TO N LINE SW1 /4 SE1 /4 TH S
10295TH S WTO A PT BEARING E 462'F
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 District (A -2). The purpose of the
request to exceed the 1,000 square -foot accessory structure limitation is 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 A -2 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. City Code requires
all equipment to be stored within an enclosed structure. Limiting the size of accessory
structures on agricultural land does not provide adequate storage for the farming
equipment and machinery. The 64.3 acres are currently farmed; the proposed structure
will provide storage of 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 Agricultural Estate. It is essential for an agricultural use to store farm - related
equipment and machinery on site. City Code requires all equipment to be stored within an
enclosed structure. Limiting accessory structures to 1,000 square feet does not provide
adequate storage space.
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 63
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. The use and proposed accessory structure is in harmony with the
character and use of the 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 #2012 -01, dated January 3, 2012, prepared by Angie Kairies, et al, is
incorporated herein.
2
DECISION
"The Board of Appeals and Adjustments approves Planning Case #2012 -01 for a 13,191
square -foot variance from the 1,000 square -foot accessory structure area limitation to construct a
2,595 square -foot accessory structure on property zoned Agricultural Estate (A -2)."
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 3r day of
January, 2012.
CITY OF CHANHASSEN
$Y.
Chairman
3