13-21 Findings of Facti3 -a-i
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of John Arthur Homes and Land Hold Co., Inc. for a perimeter setback variance to
construct a three -unit townhouse 44.3 feet from the perimeter property line on property zoned
Planned Unit Development — Residential, PUD -R — Planning Case #2013 -21.
On November 5, 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 Planned Unit Development — Residential, PUD -R.
2. The property is guided in the Chanhassen Comprehensive Plan for Residential High Density.
3. The legal description of the property is Lots 1, 2 and 3, Block 1, Lakeside Second Addition.
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 proposed variance would not permit buildings closer than the required
setbacks for twinhomes along this portion of the project, but would be approximately 15
feet farther from the project perimeter. Development of townhouses is consistent with
the Residential High Density land use of the project and policies promoting variety in
housing types in the community.
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 is that the required setback is greater than that required
for adjacent housing units within this project. This site was originally platted and
designed with a different builder and house plan. The construction of the townhouse 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 to permit the construction of a John Arthur
Homes townhouse on the site.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The circumstances are due to the prescriptive setback standards originally used
within the development which have be modified for all the other homes along the eastern
side of the development.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The variance will not alter the essential character of the area since this site was
designed for a townhouse. Other homes along the eastern project perimeter are closer to
the perimeter property line than the proposed townhouses will be.
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 criteria is not applicable
5. The planning report #2013 -21, dated November 5, 2013, prepared by Robert Generous, et al,
is incorporated herein.
DECISION
The Board of Appeals and Adjustments approves setback variance to construct the
townhouse.
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 5th day of
November, 2013.
CITY OF CHANHASSEN
BY.
Chairman
gAplan\2013 planning cases\2013 -21 highlands at lakeside varianceViindings of fact and decision - varlance.doc