13-22 Findings of Facti3 -aa-
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Lisa Thompson and Peter Rocheford for a 18- foot front yard setback variance to
construct a detached garage on property zoned Single - Family Residential District, RSF located at
6780 Lotus Trail — Planning Case #2013 -22.
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 Single - Family Residential District, RSF.
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density
use.
3. The legal description of the property is Lots 2013 through 2020 and Lots 2051 through 2054,
Carver Beach, according to the recorded plat thereof, 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 construction of an accessory structure would be in harmony with the
zoning ordinance and comprehensive plan. However, the construction of the accessory
structure closer to the front property line would not be consistent with the zoning
ordinance nor the comprehensive plan. The placement of a structure closer to the front
property line than permitted by code creates a sense of crowding on the public right -of-
way. The applicant could construct a smaller detached garage that complies with city
code. Additionally, shortening the driveway would reduce the amount of off - street
parking for the property and place parked vehicles closer to the street.
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: There are no practical difficulties. The property owner does not propose to use
the property in a reasonable manner. Placement of the accessory structure closer to the
public right -of -way would create a sense of crowding on the public right -of -way and
would shorten the driveway, reducing the amount of off - street parking.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: While the construction of an accessory structure would increase the value of
the property, a second garage for storage is the primary consideration.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: There is nothing unique about the property that creates the need for a variance.
While the property is shorter in depth in this location than the standard lot within Carver
Beach (73.95 feet vs. 100 feet), the applicant could still construct a detached garage that
complies with city ordinance.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: This variance would permit construction of a structure closer to the property
line than permitted for the majority of new construction in this area. The garage would
tend to crowd the public street and not provide the off - street parking relief which the
applicant wants.
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: While the structure would be built into the hill, this criterion does not apply.
5. The planning report #2013 -22, dated November 5, 2013, prepared by Robert Generous, et al,
is incorporated herein.
DECISION
The Board of Appeals and Adjustments denies the front yard variance request to construct
a detached garage 18 feet from the front property line.
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 5th day of
November, 2013.
CITY OF CHANHASSEN
BY:
C a rman
gAplan\2013 planning cases\2013 -22 6780 lotus trail varianc6 findings of fact & decision setback var.doc