14-33 Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
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Application of Robert & Chrisfin E. Boecker for a variance from the 1,000 square -foot accessory
structure limitation to allow for a 1,848 square -foot horse shelter and a 264 square -foot day shelter
on property zoned Agricultural Estate District (A2) — Planning Case 2014 -33.
On November 18, 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 Agricultural Estate District (A2).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is as follows:
E 155' OF W 1085' SW '/4 NW '/4 EXC: P -22 MNDOT R -O -W PLAT NO 10 -22
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 Agricultural Estate District (A2). The purpose of the
request is to exceed the 1,000 square -foot accessory structure limitation to provide a
stable and day shelter for horses. The subject property currently has four accessory
structures that have a combined area of 12,706 square feet. Upon review, it was
discovered that a contracting business is associated with this location: RTB Landscaping,
Inc. In addition, three other businesses are linked to the property: Boecker Properties,
LLC, Cheap Thrills Motorsports and Devaan — Sellers Industries, LLC. Using accessory
structures for non - agricultural uses or residential storage is not keeping in harmony with
the general purpose and intent of the A2 district.
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: Currently, the property owners have reasonable use of the subject property
within the Agricultural Estate District, A2. The property has 12,706 square feet of
accessory structure space available for storage. The addition of a 1,848 square -foot horse
shelter and a 264 square -foot day shelter is not reasonable since there is currently
sufficiently large accessory structures that can be converted for agriculture uses and
storage.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The stated intent of the request is for a horse stable and day shelter.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The owner currently has 12,706 square feet of accessory structure space.
There are no circumstances unique to the property that preclude its agricultural use. This
does not constitute a unique hardship not created by the landowner since a structures in
excess of 1,000 square feet exist on the site. Were all non - agricultural uses removed
from the existing structures, sufficiently large structures exist that can be used for a horse
stable and day shelter.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: There are several properties in proximity to the subject property that have
accessory structures in excess of 1,000 square feet. These accessory structures were
constructed prior to the 2007 ordinance amendment limiting accessory structure size and
are considered to be legal nonconformities. The City also granted variances for two
structures in excess of 1,000 square feet in 2012. However, this area is guided for
residential low density uses in the future. Such uses do not require accessory structures
in excess of 1,000 square feet.
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 -33, dated November 18, 2014, prepared by Drew Ingvalson, et al,
is incorporated herein.
DECISION
"The Chanhassen Planning Commission, acting as the Board of Appeals and Adjustment,
denies Planning Case #2014 -33, a variance from the 1,000 square -foot accessory structure
limitation to allow a 1,848 square -foot horse stable and 264 square -foot day shelter on property
zoned Agricultural Estate District, A2."
ADOPTED by the Chanhassen Planning Commission this 18' day of November, 2014.
CITY OF CHANHASSEN
BY:
Chairman