Findings of Fact
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
INRE:
Application of Greg and Kelly Hastings for a side yard setback variance to permit the expansion
of a single-family home.
On June 1,2004, the Chanhassen Planning Commission met at its regularly schedule
meeting to consider the application of Greg and Kelly Hastings for a setback variance for the
property located at 9217 Lake Riley Boulevard. The Planning Commission conducted a public
hearing on the proposed site plan was preceded by published and mailed notice. The Planning
Commission heard testimony from all interested persons wishing to speak and now makes the
following:
FINDINGS OF FACT
1. The property is currently zoned Single Family Residential, RSF.
2. The property is guided by the Land Use Plan for Residential - Low Density.
3. The legal description of the property is: Lots 24 and 25, Shore Acres.
4. The Board of Adjustments and Appeals shall not recommend and the City Council
shall not grant a variance unless they find the following facts:
a. That the literal enforcement of this chapter would cause an undue hardship.
Undue hardship means that the property cannot be put to reasonable use because
of its size, physical surroundings, shape or topography. Reasonable use includes a
use made by a majority of comparable property within 500 feet of it. The intent of
this provision is not to allow a proliferation of variances, but to recognize that
there are pre-existing standards in this neighborhood. Variances that blend with
these pre-existing standards without departing downward from them meet this
cri teri a.
Finding: The applicant has made a reasonable proposal that conforms with the
existing use of the property.
b. The conditions upon which a petition for a variance is based are not applicable,
generally, to other property within the same zoning classification.
Finding: The condition upon which the petition for the variance is based is
applicable to other properties within the same zoning classification. There are
numerous properties in this neighborhood that have received variances.
c. The purpose of the variation is not based upon a desire to increase the value or
income potential of the parcel of land.
Finding: While the proposed expansion will increase the value of the property,
the intent of the variance is to create a more functional interior, match the existing
roof lines and provide a home office.
d. The alleged difficulty or hardship is not a self-created hardship.
Finding: The expansion of the house is caused partially because the house was
developed prior to the current ordinance and the proposed expansion is dictated by
the location of the existing structure.
e. The granting of the variance will not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood in which the parcel is
located.
Finding: The granting of the variance will not be detrimental to the public welfare
or other land or improvements in the neighborhood.
f. The proposed variation will not impair an adequate supply of light and air to
adjacent property or substantially increase the congestion of the public streets or
increase the danger of fire or endanger the public safety or substantially diminish
or impair property values within the neighborhood.
Finding: The proposed side yard setback variation will not impair an adequate
supply of light and air to adjacent property or substantially increase the congestion
of the public streets or increase the danger of fire or endanger the public safety or
substantially diminish or impair property values within the neighborhood since
this structure already exists.
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5. The planning report #2004-19 dated June 1,2004, prepared by Nathan Bouvet is
incorporated herein.
RECOMMENDA TION
The Planning Commission approves seven-foot (7') side yard variance to Section 20-615
of the Chanhassen City Code to allow a home office addition to a single-family home provided
the wall, including the eaves, follows the garage foundation line.
ADOPTED by the Chanhassen Planning Commission this 1 st day of June, 2004.
CHANHASSEN PLANNING COMMISSION
BY:
çcw
Its Chairman
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