Transmital CK 17-18CITY OF CHANHASSEN
PLANNING DEPARTMENT
7700 Market Boulevard
P.O. Box 147
CHANHASSEN, MN 55317
(952) 227-1100 FAX (952) 227-1110
TO: Campbell Knutson, PA
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
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LETTER OF TRANSMITTAL
JOB NO.
9/12/17
Jean Olson
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DATE
NO.
DESCRIPTION
1
9/5/17
2017-
18
Variance for a garage
Approved as noted
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Sather Design/Build on behalf of Steven and Beth McAuley for variance to
convert a nonconforming -detached garage to an attached garage via a nine -foot eight -inch wide
expansion in the required front yard setback on a property zoned Single Family Residential
District (RSF)-Planning Case 2017-18.
On September 5, 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 12, Block 1, Sunset View
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 requires that every house has a two -car garage in order to
ensure that homes have an adequate amount of off street parking. One of the property's
current garage spaces is unusable for a portion of the year. Granting a variance for the
construction of a two -car garage on the property is consistent with the intent of Chapter
20 and the comprehensive plan.
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 location of the house on the parcel and topographic features of the parcel
make it impractical to locate a garage outside of the property's front yard setback. The
size of the proposed garage and desire for additional garage space is reasonable.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The desire for additional garage space 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 property is located in an older subdivision and the house was constructed
before the city was incorporated. The house's location within 30 feet of the front lot line
is the result of the lot's topographic features. These same topographic features have
created the steep driveway which renders the attached garage unusable during the winter
and prevent the homeowner from constructing two -car garage in a location permitted by
City Code.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: Three out of the five houses on the north side of Hill Street have structures
located with the required front yard setback, and three properties within the Sunset View
subdivision have received setback variances. Converting the existing detached garage
into an attached garage within the front yard setback will not impact the essential
character of the locality
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 #2017-18, dated September 5, 2017, prepared by MacKenzie Walters, is
incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments approves a variance request to
allow the conversion of a nonconforming -detached garage to an attached garage via a nine -foot
eight -inch wide expansion within the required front yard setback, subject to the following
conditions:
1. The applicant must apply for and receive a building permit.
2. The structure must comply with the Minnesota State Building Code.
3. The closest point of the expanded garage must be at least 2.8 feet from the front lot
line.
ADOPTED by the Chanhassen Planning Commission this 5th day of September, 2017.
CITY OF CHANHASSEN