14-21 Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Christopher and Barbara King for a hardcover variance for a single - family home
and driveway on property zoned single - family residential (RSF) — Planning Case #2014 -21.
On August 19, 2014 the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and
mailed notice. The Board of Appeals and Adjustments makes the following:
FINDINGS OF FACT
1. The property is currently zoned single - family residential.
2. The property is guided in the Chanhassen Comprehensive Plan for residential low density
use.
3. The legal description of the property is Lots 998, 999 and 1000, Carver Beach.
4. Variance Findings — Section 20 -58 of the City Code provides the following criteria for the
granting of a variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when the variances are consistent with the comprehensive
plan.
Finding: The construction and use of a two - story, single - family home within the
building envelope is a normal use of the property in a residential district, which is in
harmony with the general purposes and intent of the RSF district. Providing adequate
driveway access to the garage on site is a standard accessory use for the property and is
required under the city code. The subject site is located within the Carver Beach
subdivision, which was platted in 1927. Carver Beach is zoned Single - Family
Residential (RSF) and is comprised of several non - conforming residential lots which
predate the adoption of the zoning ordinance.
b. When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties," as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by this
Chapter. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
Finding: The lot size creates practical difficulties in constructing a single - family home.
The site has 60 feet by 100 feet lot dimensions, 6,000 square feet in total. The lot is zoned
Single - Family Residential and has a 25 percent hardcover limitation that leaves the
property with only 1500 square feet available for hardcover surface. In order to meet the
minimum code requirements for reasonable driveway access to the garage, a variance is
necessary.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the variance is not based on economic considerations alone.
The applicant constructed a single- family home on a non - conforming lot of record in a
residential zoning district and is trying to provide adequate access to the garage.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The lot size creates a unique circumstance in constructing a single - family
home with an adequate driveway to the garage. The proposed total impervious surface is
less than most new single - family homes being constructed in the city.
e. The variance, if granted, will not alter the essential character of the locality (similar home
sizes).
Finding: The homes located on either side of the home are both one -story homes with
1646 square feet and 1144 square feet of habitable living area. Another home located
adjacent to the northeast of this lot is a one -and -a -half story home with 1704 square feet
of habitable living area. Granting the proposed variance request will not alter the essential
character of the locality or Carver Beach neighborhood, a residential district.
f Variances shall be granted for earth sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter.
Finding: This does not apply to this request.
5. The planning report #2014 -21, dated August 19, 2014, prepared by Kate Aanenson, et al, is
incorporated herein.
DECISION
The Board of Appeals and Adjustments approves an additional 3.2 percent hardcover
variance (34% total hardcover) to permit the construction of a driveway.
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 19a' day of
August, 2014.
CITY OF CHANHASSEN
Chairman