12-05 Findings of Fact & DecisionCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Peter Rocheford and Lisa Thompson for a variance to allow two driveways on
one property zoned Single - Family Residential (RSF) — Planning Case #2012 -05.
On May 15, 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 Single - Family Residential (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is Lots 2013 through 2020, and Lots 2051 through
2054, Carver Beach, according to the recorded plat thereof, Carver County, Minnesota.
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 request to allow two driveways on one property is in harmony with the
general purposes and intent of the zoning ordinance. Driveways are an acceptable
improvement within a single - family residential area. Parking is restricted on the adjacent
roadway.
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: During the winter months, the current driveway is too steep for guests to safely
park on this property. Parking is prohibited on Lotus Trail, the adjacent public street.
The closest public street that does allow on- street parking is over 620 feet away.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the variance is not based on economic considerations. The
applicant is requesting a variance to permit two driveways in the RSF district for the
construction of a detached garage for personal use.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The request is based on a unique circumstance: the existing steep driveway and
prohibition of on- street parking does not provide a safe, convenient location for guests of
the property to park.
The variance, if granted, will not alter the essential character of the locality.
Finding: The addition of a second driveway will not alter the essential character of the
locality. There are other properties within 1,000 feet of the subject property that have
two driveways.
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 -05, dated May 15, 2012, prepared by Alyson Fauske, et al, is
incorporated herein.
DECISION
The Board of Appeals and Adjustments approves Planning Case 2012 -05 for a variance to
construct two driveways on one property for the construction of a detached garage on property
zoned Single- Family Residential (RSF).
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 15 day of May,
2012.
CITY OF CHANHASSEN
gAplan\2012 planning cases\2012 -05 6780 lotus trail driveway variance \findings of fact.doc