Findings of Fact
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDA TION
INRE:
The application of Thomas and Erica Koehnen, 795 Ponderosa Drive
(Lots 2322-2326, Carver Beach) Variance No. 04-11
On March 16, 2004, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Thomas and Erica Koehnen for a 7,068 square foot
variance to Section 20-615(1) and a 3.6 percent maximum lot coverage variance to Section 20-
615(4) of the Chanhassen City Code for the purpose of constructing a home at 795 Ponderosa
Drive.
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
1. The property is currently zoned RSF, Residential Single-Family.
2. The property is guided by the Land Use Plan for Residential, Low Density.
3. The legal description of the property is: Part of Carver Beach Section 1, Township
116, Range 23, Lots 2322-2326.
4. The Planning Commission shall not grant a variance unless they find the following
facts:
. Staff conducted a survey within 500 feet of the surrounding area and discovered
that the average lot size is 13,586 square feet. There are a number of lots within
500 feet that have a smaller area than the subject lot. The proposed home meets
the required setbacks and would be similar in size to existing residences.
Without a variance, the applicant would be denied reasonable use of his
property.
. The condition upon which this petition for a variance is based is applicable to
other properties within the same zoning classification outside of the immediate
area. Staff conducted a survey within 500 feet of the surrounding area and of the
54 parcels within 500 feet of said property the average lot size as a whole is
13,586 square feet. Whereas the smallest lot was 3,049 square feet and the
largest was 38,768 square feet.
· This does not appear to be the case. The applicant is simply attempting to utilize
the parcel for single-family residential uses it was created for.
· The hardship is not self-created. The parcel is an existing lot of record.
· The granting of the variance will not be detrimental or injurious to other land or
improvements in the neighborhood, meets all RSF District standards except for
impervious surface.
· The granting of the variance will allow a reasonable distance from adjacent
properties. The applicant has demonstrated that all setbacks required by the City
Code can be met. It will not impair an adequate supply of light and air to those
properties, nor will it 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.
RECOMMENDATION
"The Planning Commission approve Variance #04-11 for a lot area variance from the required
15,000 square feet, for the construction of a single-family residence on a 7,932 square-foot lot,
zoned RSF as shown on plans dated 2/12/04, with the following conditions:
1. The applicant must submit a building permit before construction.
2. The single-family residence must meet required setbacks.
3. Applicant meets the conditions of Ordinance No. 317.
4. A tree removal plan that clearly shows all trees, 6" and larger, and their designation as
removed or saved. The lot may not be clear-cut.
5. Tree protection fencing must be installed prior to any work commencing around all saved
trees. Fencing shall remain in place until all construction is completed.
6. The applicant shall plant two overstory, deciduous, 2-1/2" diameter trees.
ADOPTED by the Planning Commission this 16th day of March, 2004.
CHANHASSEN PLANNING COMMISSION
BY:
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Uli Sacchet, Chairman
g:\plan\2004 planning cases\04- 11 - koehnen variance-lots 2322-2326 carver each\tìndings of fact (planning commission) doc