Loading...
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 g: \plan\2013 planning cases\2013 -15 960 carver beach road variance \findings of fact.doc