Findings of fact signedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Faye Kamrath for a variance request to allow for a second driveway access on a
property zoned Single Family Residential District (RSF)-Planning Case 2017-013.
On June 20, 2017, 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:
Lot 6 Minnewashta Park
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 City Code limits residential lots to one driveway access to prevent a dense
clustering of driveways which could negatively impact traffic, safety, and the viewscape
of residential neighborhoods. Similarly, the 2030 Comprehensive Plan specifies that there
should be at least 40 feet between driveway accesses. Due to the property's
approximately 350 feet of frontage along Orchard Lane and the proposed 200 plus foot
spacing between the existing and proposed driveway, allowing a second driveway would
not run counter to the intent of Chapter 20 and would be in line with the 2030
Comprehensive Plan guidelines.
Additionally, Chapter 20 places limits on the amount of impervious surface allowed on
residential lots in order to reduce stormwater generation and protect the City's water
resources. While both the proposed driveway and a driveway conforming to City Code
would be under the property's 25 percent impervious surface limit, granting a variance
which has the effect of reducing the amount of impervious surface that will be installed
near a wetland is line with the intent of Chapter 20.
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 applicant could construct a driveway that complied with City Code;
however, the distance between the house and detached garage make a connecting
driveway impractical and excessively long. It is reasonable to request a second access in
lieu of a long driveway connection paralleling Orchard Lane.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The purpose of the variance is to allow access to the detached garage with a
minimum impact on the property, and is not based upon economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The width of the property, placement of the original house, and presence of a
large wetland on the norther half of the property would have made it challenging to
construct a detached garage in a location readily serviceable by the existing driveway.
The applicant could have constructed the detached garage in a location more easily
connectable to the existing driveway.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: Four other properties within 500 feet also have two driveway accesses. Most
driveways in the area are located closer to each other than the proposed driveway is from
the existing driveway. Allow the detached garage to be accessed by a second driveway
would have a minimal impact on 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.
5. The planning report #2017-13, dated June 20, 2017, prepared by MacKenzie Walters, is
incorporated herein.
"The Chanhassen Board of Appeals and Adjustments approves a variance request to
allow for a second driveway access at 2740 Orchard Lane, subject to the following conditions:
1. The applicant must apply for and receive a driveway permit.
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2. Tree protection fencing shall be installed around existing trees prior to any
construction activities.
3. Double silt fence must be in place to protect the wetland prior to any excavation of
the site.
4. The driveway must be constructed in accordance with current construction
requirements/details as well as the requirements in City Code Section 20-122 Access
and Driveways.
5. The driveway shall be surfaced with bituminous, concrete, or paver surface.
6. As stipulated by City Code Section 20-977 the detached garage may not be used to
operate or store material for a home occupation."
ADOPTED by the Chanhassen Planning Commission this 20th day of June, 2017.
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Chairman
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