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Findings of Fact 5-17-05 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION INRE: Application of Sharratt Design for variances from hard surface coverage, shoreland setback and front yard setback restrictions for a new house - Planning Case No. 05-10. On May 17,2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Sharratt Design for a 5-foot front yard setback variance, 1.0 percent hard surface coverage variance (26.0% coverage) and a 32-foot shoreland setback variance (43 foot setback) for the demolition and rebuilding of a single-family home on a riparian lot zoned Single Family Residential (RSF). 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 - 4u/Acre). 3. The legal description of the property is: That part of Government Lot 3, Section 24, Township 116, Range 023. 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 cause undue hardship. b. The conditions upon which this variance is based are applicable, generally, to other properties in the Single Family Residential and Shoreland Management districts. c. The construction of a new home will increase the value of the property. d. The alleged difficulty or hardship is not a self-created hardship. e. The granting of the variance will be less detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located than existing conditions. 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 #05-10 Variance dated May 17,2005, prepared by Josh Metzer, et ai, is incorporated herein. ACTION The Chanhassen Planning Commission approves the variances from hard surface coverage, shore1and setback and front yard setback restrictions for a new house. ADOPTED by the Chanhassen Planning Commission on this 1 ih day of May, 2005. CHANHASSEN PLANNING COMMISSION BY: Planning Commission Chairperson g:\plan\2005 planning cases\05-10 sharratt variance\findings offact.doc