Findings of Fact and DecisionIZ- 14-
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
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Application of Mark and Donna Malinowski for a Shoreland Management Setback variance to
build an addition and a garage on property located at 7250 Minnewashta Parkway and zoned
Single - Family Residential (RSF) — Planning Case # 2012 -14.
On October 2, 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 now 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
use.
3. The legal description of the property is as follows:
South 900 feet of tract described as: that part of Government Lots 1 and 3 lying north of a
line drawn parallel with and 726 feet north of southerly line of Government Lot 3 and west of
the centerline of County Road 3, except that portion lying within the right -of -way of County
Road 3, Section 8, Township 116, Range 023, 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 granting of the variance is in keeping with the purpose and intent of the
zoning ordinance. The construction of the addition and garage are a normal use
associated with a single - family home.
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 addition is that the existing home currently sits
within the shoreland setback. The proposed additions are located behind the home and
not close to the lakeshore. However, additions will still be located within the setback
requirements.
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 enjoy 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 owner purchased a property which had an existing home. The home was
built in 1961 and the owner is proposing to make some improvements to the home. The
removal of the existing carport will reduce existing structures in the setback zone.
The variance, if granted, will not alter the essential character of the locality.
Finding: The construction of the additions will be screened from the lake and are
considered a normal use associated with a single- family home, 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 -14, dated October 2, 2012, prepared by Kate Aanenson, et al., is
incorporated herein.
DECISION
"The Board of Appeals and Adjustments approves Planning Case #2012 -14 for a variance
to the 150 -foot Shoreland Management Setback as shown in plans dated August 22, 2012 for the
construction of a home addition and garage on property zoned Single - Family Residential (RSF)."
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 2 nd day of
October, 2012.
CITY OF CHANHASSEN
BY:
Chairman
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