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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