Findings of Fact and DecisionCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Carissa and Steve Haverly for a 507 square -foot variance from the 1,000 square -
foot accessory structure area limitation to construct a 1,440 square -foot stable on property zoned
Agricultural Estate (A2) — Planning Case #2015 -02.
On January 20, 2015, 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 (A2).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is Lot 1, Block 1, Jeurissen Addition.
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 (A2). Private stables are a
permitted use within the A2 zoning district. The property has an area of 2.5 acres, and
according to City Code could contain up to 4 horses. A private stable in excess of the
1,000 square feet is in harmony with the general purposes and intent of this chapter and
consistent with the comprehensive plan.
b. 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: Limiting the area of the stable to 1,000 square feet for a horse stable is a
practical difficulty, being that the property could, according to City Code, house up to 4
horses. City Code also requires that horses must be provided shelter of sufficient size to
provide necessary protection and must provide space for the animal to roll with a minimum
danger of being cast. A 1,000 square -foot stable would minimize the stall and walkway
spaces as well as storage area for related supplies.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the request is to have a private stable and horses on an
agriculturally zoned lot for personal use. The private stable is not intended for economic
gain.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The property is unique due to the fact that it is an agriculturally zoned property
within the City. City ordinance permits private stables on agriculturally zoned property.
However, to limit home occupations from being run out of accessory structures, the city
limited the size of accessory structures in all residential zoning districts to 1,000 square
feet in 2007.
City Code also requires that horses must be provided shelter of sufficient size to provide
necessary protection and must provide space for the animal to roll with a minimum danger
of being cast. A 1,000 square -foot stable would minimize the stall and walkway spaces as
well as storage area for related supplies.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: A private stable in excess of 1,000 square feet will not alter the essential
character of the locality; rather it is consistent with the A2 zoning district and permitted
uses.
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 #2015 -02, dated January 20, 2015, prepared by Sharmeen Al -Jaff, et al, is
incorporated herein.
2
DECISION
The Board of Appeals and Adjustments approves Planning Case 2015 -02, for a
507 square -foot variance from the 1,000 square -foot accessory structure area limitation to
construct a 1,440 square -foot stable on property zoned Agricultural Estate (A2).
ADOPTED by the Chanhassen Board of Appeals and Adjustments this 20' day of
January, 2015.
CITY OF CHANHASSEN
Chairman