Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
INRE:
Application of Thomas & Jenny Wilder for a variance for the intensification of a legal
non-conforming structure by building a canopy with footings within the right-of-way.
Planning Case No. 04-39
On November 16, 2004, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the Application of Thomas & Jenny Wilder for a variance for the
intensification of a legal non-conforming structure by building a canopy with footings within the
right-of-way located at 222 West 78th Street. 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 Single Family Residential (RSF).
2. The property is guided by the Land Use Plan for Residential- Low Density (Net
Density Range 1.2 - 4uJ Acre).
3. The legal description of the property is: Lot 4, Block 1, City Lots of Chanhassen.
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. The literal enforcement of the ordinance does create a hardship.
b. The conditions upon which this variance is based are applicable to all properties in
the RSF zoning district.
c. The canopy/entryway will increase the value of the property. However, staff does
not believe that is the sole reason for the request.
d. The hardship is not self-created because the City approved the building permit and
did not prevent construction.
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.
1
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.
5. The planning report #04-39 Variance dated November 16,2004, prepared by Josh
Metzer, et ai, is incorporated herein.
ACTION
The Chanhassen Planning Commission approves the variance for the construction of a
canopy with footings without any setback and within the right-of-way.
ADOPTED by the Chanhassen Planning Commission on this 16th day of November,
2004.
BY:
Its Chairman
g:\plan\2004 planning cases\04-39 - wilder variance-222 west 78th street\findings of fact.doc
2