13-17 Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Gonyea Homes, hic. for a driveway grade variance for a single - family home on
property zoned Single Family Residential (RSF) — Planning Case #2013 -17.
On August 20, 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 as follows:
Lots 9 and 10, Sunset Hill on Lake Minnewashta, Carver County, Minnesota,
except that part lying northeasterly of the following described line:
Commencing at the most southerly corner of said Lot 10, thence on an assumed
bearing of North 07 degrees 39 minutes 49 seconds East, along the easterly line of
said Lot 10, a distance of 68.24 feet to the point of beginning of the line to be
described; thence North 73 degrees 53 minutes 35 seconds West a distance of
20.00 feet; thence North 64 degrees 48 minutes 45 seconds West a distance of
18.88 feet; thence North 53 degrees 03 minutes 27 seconds West a distance of
54.02 feet; thence North 60 degrees 51 minutes 56 seconds West, a distance of
234 feet, more or less, to the shoreline of Lake Minneswashta, and said line there
terminating.
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 approval of a variance to the driveway grade permits the development of
the property as zoned and guided. Many of the houses along Dogwood have grades in
excess of 10 percent due to the significant elevation change between the road and Lake
Minnewashta.
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 steep slope on the property creates practical difficulties in constructing a
10 percent sloped driveway. The existing driveway on the property is at 16 percent grade
so the proposed driveway is an improvement. Construction of a single - family home with
driveway access is a reasonable use of the property.
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 alone.
The applicant is proposing to construct a single - family home on a steeply sloped lot in a
residential zoning district.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The alleged difficulty or hardship is not a self - created hardship. The site has
an average slope of 17 percent.
e. The variance, if granted, will not alter the essential character of the locality. (Similar
home sizes)
Finding: Granting the proposed variance request will not alter the essential character of
the neighborhood, a residential district. Many parcels in this area have steep driveways
that may require a variance if they were constructed today.
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 #2013 -17, dated August 20, 2013, prepared by Robert Generous, et al, is
incorporated herein.
2
DECISION
The Board of Appeals and Adjustments approves a 3.5 percent driveway grade variance
(13.5 % grade) to permit the construction of a residential driveway subject to the conditions of the
staff report.
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 20th day of
August, 2013.
CITY OF CHANHASSEN
BY:
Chairman
g1plan\2013 planning cases\2013 -17 7441 dogwood road variance\findings of fact.doc