14-08 Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND RECOMMENDATION
IN RE:
Application of Lakewest Development, LLC and Naomi Carlson for Subdivision approval with
variances.
On September 16, 2014, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of Lakewest Development, LLC and Naomi Carlson for
preliminary plat approval of property to create four lots with variances for hard cover (32.4 % on
Lot 1 and 28.2% on Lot 2) and a 20 -foot front yard setback from Bretton Way for Lot 1. The
Planning Commission conducted a public hearing on the proposed subdivision 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 District, RSF.
2. The property is guided in the Land Use Plan for Residential Low Density use.
3. The legal description of the property is shown on the attached Exhibit A.
4. The Subdivision Ordinance directs the Planning Commission to consider seven possible
adverse affects of the proposed subdivision. The seven (7) affects and our findings regarding
them are:
a. The proposed subdivision is consistent with the zoning ordinance subject to the granting of
the variances requested in conjunction with the subdivision;
b. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan since it provides a single - family
home at density within those established by the comprehensive plan;
c. The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm water
drainage are suitable for the proposed development;
d. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by this chapter
subject to compliance with the conditions of approval;
e. The proposed subdivision will not cause significant environmental damage provided
additional storm water management is provided as recommended by staff,
f. The proposed subdivision will not conflict with easements of record subject to the vacation
of some of the existing private easements; and
g. The proposed subdivision is not premature is available or being provided as part of the
subdivision. A subdivision is premature if any of the following exists:
1) Lack of adequate storm water drainage.
2) Lack of adequate roads.
3) Lack of adequate sanitary sewer systems.
4) Lack of adequate off -site public improvements or support systems.
5. 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 subject site is zoned Single - Family Residential District. The hard cover
variances are to permit homes compatible with the surrounding properties. The purpose
of the setback variance request is to permit a 20 -foot front yard setback to create greater
separation between the building and the existing access driveway to the property to the
northeast. The 10 -foot encroachment into the required front yard provides adequate
separation between the structure and the street and maintains the adequate separation
from the driveway for snow storage.
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 practical difficulty of complying with the hard cover is the existing
driveway which accounts for 67.2 and 37.7 percent of the allowable coverage on the
respective lots. The practical difficulty of complying with the front yard setback is due to
the lot configuration of the property and the existing driveway accessing the property to
the northeast.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The stated intent of the request is for a typical single - family home on the lots.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The difficulty of complying with the hard cover and front yard setback is due to
the lot configuration of the property and the existing easement and driveway.
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e. The variance, if granted, will not alter the essential character of the locality.
Finding: The granting of the variance would be in keeping with the character of the area
and permit homes typical to those in the neighborhood.
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.
6. The planning report #2014 -08 dated September 16, 2014, prepared by Robert Generous, et al,
is incorporated herein.
RECOMMENDATION
The Planning Commission recommends that the City Council approve the Preliminary
Plat with variances.
ADOPTED by the Chanhassen Planning Commission this 16th day of September, 2014.
CHANHASSEN PLANNING COMMISSION
Its Chairman
EXHIBIT A
Legal Description
Parcel 1:
Tract C, Registered Land Survey No. 105, files of Registrar of Titles, Carver Count, Minnesota.
Torrens Property
Torrens Certificate No. 18584.0
Parcel 2:
Outlots C and D, Curry Farms 2nd Addition, according to the plat thereof, Carver County,
Minnesota.
Torrens Property
Torrens Certificate No. 19182.0
Parcel 3:
That Part of Tract B, Registered Land Survey No. 28, Carver County, Minnesota, described as
follows:
Commencing at the Northeast comer of said tract, thence due South along East line of said Tract
197.74 feet; thence South 88 degrees 4 minutes West 376.7 feet; thence South 1 degree 56 minutes
East, 65.33 feet to actual point of beginning of tract to be described; thence North 1 degree 56
minutes West 51.33 feet; thence South 88 degrees 4 minutes West, 101.74 feet; thence North 77
degrees 44 minutes West, 60.97 feet; thence North 67 degrees 44 minutes West, 66.07 feet; thence
North 85 degrees 14 minutes West, 35.67 feet to the West line of said tract; thence southerly along
said West line 24.71 feet to an intersection with a line bearing North 48 degrees 15 minutes West
from a point bearing North 89 degrees 19 minutes West, 190.50 feet from actual point of beginning;
thence South 15 minutes East, 92.88 feet to said point bearing North 89 degrees 19 minutes East,
190.5 feet to actual point of beginning.
Torrens Property
Torrens Certificate No. 27468.0
Parcel 4:
Tract A, Registered Land Survey No. 105, file of Registrar of Titles, Carver County, Minnesota.
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