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Findings of Fact adjacent property and out of site of the front and rear entrances, nor will it substantially increase the congestion of the public streets as it is an addition to a private residence. RECOMMENDA TION "Staff recommends that the Planning Commission adopt the following motion: "The Planning Commission approve Variance 04-16 to allow use of a single-family dwelling as a two-family dwelling (mother-in-law suite) located at 8634 Valley View Court, zoned RSF, with the following conditions: 1) Permits must be obtained for additional work that has not yet been permitted and revised as-built plans must be submitted. 2) The dwelling maintains the appearance of a single-family dwelling including the maintenance of one driveway. 3) Separate utility services will not be established. 4) The variance will be recorded with Carver County specifically stating that the dwelling is permitted as a mother-in-law suite only for the use of Mrs. Laura Graves parents. The use cannot be continued for other persons. 5) Eliminate the separate doorway through the garage leading directly to the suite via the mudroom. 6) The suite shall not be used for a rental unit. ADOPTED by the Chanhassen Planning Commission this 4th day of May, 2004. CHANHASSEN PLANNING COMMISSION c~ BY: VIi Sacchet, Chairman g:\plan\2004 planning cases\05-16 - grave variance-8634 Valley View Court\findings of fact.doc c..)Lf 10 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND RECOMMENDA TION INRE: The application of Paul and Laura Graves, 8634 Valley View Court Variance No. 04-16 On May 4, 2004, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the application of Paul and Laura Graves for a Variance to (Section 20-59 of the City Code) to allow use of a single-family dwelling as a two-family dwelling (mother-in-law suite). The Planning Commission conducted a public hearing on the proposed development which 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 · The literal enforcement of the ordinance does not create a hardship, since a reasonable use of the property can be maintained. The applicant can eliminate the separate main entrance to the mother-in-law suite from the garage and still have reasonable use of the property. · In reviewing neighboring properties' surveys, all properties maintain the appearance of a single-family dwelling. There are two cases where applicants requested a mother-in-law suite in a single-family dwelling; both were in the basement of the existing home. The applicant for Variance 04-16 is proposing to construct a separate living quarter above the garage portion of the home with a separate entrance. · The addition will increase the value of the home; however, that is not the primary intension of the applicant. The intended usage of the proposed mother-in-law suite is to serve the aging parents who have medical needs and do not have a steady salary or set Income. · The hardship is self-created by the homeowner; since a reasonable use of the property can be maintained. The applicant can eliminate the separate main entrance to the mother-in-law suite from the garage and still have reasonable use of the property. · The variance if approved will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel is located. · The proposed variation will not impair an adequate supply of light and air to adjacent property. The addition is located in the same location of the existing garage west of the