Findings of Fact and Decision1> -63
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of 80 West 78 Street, LLC for a parking setback variance on property zoned
Business and Highway Services District (BH) — Planning Case # 2012 -03.
On July 17, 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 Business and Highway Services District (BH).
2. The property is guided in the Chanhassen Comprehensive Plan for Commercial use.
3. The legal description of the property is as follows:
Registered Land Survey 59, Tracts A and B.
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 granting of the variance is in keeping with the purpose and intent of the
zoning ordinance. The construction of a parking lot is a normal accessory use for
commercial buildings.
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 difficulty with the construction of the parking lot is due to the
shape of the property and the city standards for parking lot layout, which requires a 62-
foot wide area for two rows of parking and a two -way drive aisle. Only the most easterly
portion of the southern parking area encroaches into the setback from the right -of -way
easement. In reviewing the site plan, the property line was shown approximately 12 feet
south of the right -of -way easement.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the variance is not based upon economic considerations, but is
to permit the owner to utilize the property in a reasonable manner.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The property is trapezoidal in shape becoming narrower on the east end. To
the north are a stormwater area and a wetland complex. Due to the property shape, a
portion of the parking area just west of the site entrance encroaches into the setback area.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The construction of the parking lot is a normal use associated with a
commercial site and would be in keeping with the character of the neighborhood.
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 -03, dated July 17, 2012, prepared by Robert Generous, et al., is
incorporated herein.
DECISION
"The Board of Appeals and Adjustments approves Planning Case #2012 -03 for a 10 -foot
parking lot setback variance to construct a parking lot on property zoned Business and Highway
Services District (BH)."
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 17 day of July,
2012.
CITY OF CHANHASSEN
Chairman
2