Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
INRE:
Application of Rick & Judy Berland for a variance from the Ordinary High Water
Level (OHW) setback and maximum area for a water-oriented accessory structure, and
relief from the requirement of the OHW on the survey. Planning Case No. 04-42.
On December 7, 2004, the Chanhassen Planning Commission met at its regularly
scheduled meeting to consider the Application of Thomas & Jenny Wilder Request for a 1.5
foot variance from the 10 foot Ordinary High Water Level (OHW) setback for a water-
oriented accessory structure, a 64 square foot variance from the 250 square foot maximum
area of a water-oriented accessory structure and relief from the requirement of the OHW on
the survey. These requests are after-the-fact for a water-oriented accessory structure (patio)
that has been constructed. 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: Outlot B, White Oaks Addition.
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. Literal enforcement of this chapter would not cause undue hardship. The
applicant will be able to maintain a patio, just at a smaller size and further from
the OHW without the need for a variance. Also, property can be put to reasonable
use (provide walking access to Lake Minnewashta and a dock).
b. The conditions upon which this variance is based are applicable, generally, to other
properties in the RSF zoning district and shore impact zones.
c. The patio will increase the value of the property; however, staff does not believe that
is the sole reason for the request.
I
i
t
ì
l
d. The alleged difficulty or hardship is a self-created hardship. In addition, the costs
associated with construction were incurred prior to obtaining all necessary
approvals from the City.
e. The granting of the variance may be detrimental to the public welfare or injurious
to other land or improvements in the neighborhood in which the parcel of land is
located. The patio increases impervious surface and adds run-off to Lake
Minnewashta.
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 #04-42 Variance dated December 7,2004, prepared by Josh
Metzer, et aI, is incorporated herein.
ACTION
The Chanhassen Planning Commission approved the variance from the Ordinary High
Water Level (OHW) setback and maximum area for a water-oriented accessory structure, and relief
from the requirement of the OHW on the survey.
ADOPTED by the Chanhassen Planning Commission on this 7th day of December, 2004.
CHANHASë:~~C~MMISSION
BY: ~I--
Planning Commission Chairperson
g:\plan\2004 planning cases\04-42 - berland variance\findings of fact.doc
I
t
,
I
þ
I:
t
~