14-32 Findings of FactCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Rick D. & Julie Ann Kolbow for a 2.7 percent variance from the maximum hard
surface coverage requirement (25 percent)for a driveway expansion and to allow a gravel parking
area on property zoned Single - Family Residential (RSF) — Planning Case 2014 -32.
On November 10, 2014, Chanhassen City Council met at its regularly scheduled meeting to
consider the application. Chanhassen City Council 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:
Lot 3, Block 3, Colonial Grove at Lotus Lake 2nd Addition, Carver County, Minnesota
4. The Chanhassen Planning Commission held a public hearing on October 21, 2014 to review
the application. The Planning Commission tied on a vote of 3 to 3 on a motion for approval
of the variance, which results in no recommendation to City Council.
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 purpose of the
request is to expand the driveway and allow additional parking on the side of the garage.
This is a common use of properties in this zoning district. Drainage concerns will be
mitigated by reducing storm water runoff with a rain garden.
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 surface coverage
requirement is due to the subject lot being smaller than the minimum lot size requirement
in the Single - Family Residential District. This driveway expansion would be permitted
without a variance if the lot met this minimum lot size requirement.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The stated intent of the request is for additional parking space.
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 surface coverage requirement is due
to small size of the subject lot. The proposed use would be allowed if this lot met the
minimum lot size requirements of the Single - Family Residential District.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The granting of the variance will not alter the character of the area.
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 -32, dated October 21, 2014, prepared by Drew Ingvalson, et al, is
incorporated herein.
DECISION
"Chanhassen City Council approves Planning Case #2014 -32 for a 2.7 percent hard
surface coverage variance to allow a driveway expansion, but not allow the use of gravel on the
parking area."
ADOPTED by the Chanhassen City Council this 10`h day of November, 2014.
CITY OF CHANHASSEN
BY: L LIU t
Mayor
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