Findings of Fact and DecisionCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of David D. Moore, Inc. and Anita Benson for a hardcover variance for a single -
family home on property zoned single- family residential (RSF) — Planning Case #2013 -15.
On July 16, 2013, 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.
2. The property is guided in the Chanhassen Comprehensive Plan for residential low density
use.
3. The legal description of the property is Lots 998, 999 and 1000, Carver Beach.
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 construction and use of a split - level, single - family home within the
building envelope is a normal use of the property in a residential district; therefore, it is
keeping in harmony with the general purposes and intent of the RSF district. The subject
site is located within the Carver Beach subdivision, which was platted in 1927. Carver
Beach is zoned Single - Family Residential (RSF) and is comprised of several non-
conforming residential lots which predate the adoption of the zoning ordinance.
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.
DECISION
The Board of Appeals and Adjustments approves a 5.8 percent hardcover variance (30.8 %
hardcover) to permit the construction of a single - family home subject to the conditions of the staff
report.
2013
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 16th day of July,
CITY OF CHANHASSEN
_ Iiai
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