Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
INRE:
Application of Steve and Pat Monson for a variance to construct a
garage/storage building in a bluff. Planning Case No. 2004-33
On October 19, 2004, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the application of Steve and Pat Monson for a variance to
construct a garage/storage building in a bluff located at 8850 Audubon Road. The Planning
Commission conducted a public hearing on the proposed variance that 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 Rural Residential (RR).
2. The property is guided by the Land Use Plan for Residential - Large Lot (2.5
acre minimum 1/10 acre outside of MUSA).
3. The legal description of the property is: Parcel I, Lot 2, Block 1, Sun Ridge.
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
due to the topography of the property. A reasonable use is defined as the use
made by a majority of comparable property within 500 feet. Because the
property is in a RR zoning district and has an area of 2.5 acres it is
reasonable for the applicant to have a second garage.
b. The conditions upon which this variance is based are applicable to all
properties in the RR zoning district and bluff impact zones.
c. The garage/storage building will increase the value of the property.
However, staff does not believe that is the sole reason for the request.
d. The property contains extreme contours and has very little buildable area.
e. The granting of a variance will not be detrimental to the public welfare or
injurious to 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 public streets or
increase the danger of fire or endanger the public safety or substantially
diminish or impair property values within the neighborhood.
5. The planning report #04-33 Variance dated October 19, 2004, prepared by
Josh Metzer, et aI, is incorporated herein.
ACTION
The Chanhassen Planning Commission approves the variance to allow grading and
the construction of a garage/storage building on a bluff.
ADOPTED by the Chanhassen Planning Commission on this 19th day of October,
2004.
CHANHASS(G COMMISSION
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BY:
Planning Commission Chairperson