Loading...
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 WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter LETTER OF TRANSMITTAL JOB NO. 9/12/17 Jean Olson Document ® Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change Order ❑ Pay Request ❑ COPIES DATE NO. DESCRIPTION 1 9/5/17 2017- 18 Variance for a garage Approved as noted ❑ Submit ❑ As requested ❑ Returned for corrections ❑ Return ❑ For review and comment ® For Recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit ❑ For your use ❑ Approved as noted ❑ Submit ❑ As requested ❑ Returned for corrections ❑ Return ❑ For review and comment ® For Recording ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO: copies for approval copies for distribution corrected prints SIGNED: Q6n� Pim Je y Po er, (952) 227-1106 If enclosures are not as noted, kindly notify us at once. 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