14-19 Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
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Application of Crosstown Builders, Inc. and Daniel & Susan Degolier for a variance from the
setback requirements to allow for a detached accessory structure 20.5 feet from the front property
line including a two -foot eave on property zoned Single - Family Residential District (RSF) —
Planning Case 2014 -19.
On July 15, 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 District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is as follows:
Lots 1391 — 1400, Carver Beach, Carver County, Minnesota
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 subject site is zoned Single - Family Residential District. The purpose of the
request is to permit a 20.5 -foot front yard setback to allow a detached three -car garage.
City ordinance permits detached accessory structures. The 9.5 -foot encroachment into
the required front yard provides adequate separation between the structure and the street
and maintains the required separation from the adjacent property.
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 front yard setback is due to the
lot configuration of the property. The west property line has a jog in it which creates a
narrow section of the lot near the house making it difficult to meet setbacks. The location
of the garage should be in close proximity to the house.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The stated intent of the request is for a detached three -car garage.
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 front yard setback is due to the lot
configuration of the property. The west property line has a jog in it which creates a
narrow section of the lot near the house making it difficult to meet setbacks.
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. As was shown in the staff report, numerous front yard setback variances have been
granted within 500 feet of the property.
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 -19, dated July 15, 2014, prepared by Robert Generous, et al, is
incorporated herein.
DECISION
"The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustment,
approves Planning Case #2014 -19 a 9.5 -foot setback variance including the roof eave from the
30 -foot front yard setback requirement to allow a three -car detached garage on property zoned
Single - Family Residential District and subject to the condition that the existing driveway be
removed."
ADOPTED by the Chanhassen Planning Commission this 15a' day of July, 2014
CITY OF CHANHASSEN
Chairman
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