Signed Findings of Fact 17-20CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Richard and Elizabeth Nustad for variance from their property's 30 -foot required
front yard setback, 10 -foot rear yard setback, 25 percent lot coverage limit, and one driveway per
residential parcel restriction in order to build a garage on a property zoned Single Family
Residential District (RSF)-Planning Case 2017-20.
On November 21, 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 application was tabled, and the applicant submitted a revised
proposal which went before the Planning Commission, acting as the Board of Appeals and
Adjustments on January 16, 2018. 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 2, City Lots of Chanhassen
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: It is the intent of the City Code to allow for residential homeowners to be able
to store vehicles and possessions on site, and, in many instances, the City Code requires
these items to be stored indoors. Construction a garage to facilitate the storage of a
vehicle is in harmony with the general purposes and intent of the city's zoning code.
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: Due to the substandard size of the applicant's lot there is no possibility for them
to construct a garage capable of housing the firetruck with the bounds established by the
city's zoning code. The resident's goal of construction a single accessory structure to
facilitate the storing of a collector's vehicle onsite is reasonable.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The desire for an expanded garage 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 a substandard lot plated in 1887.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: This is one of the oldest neighborhoods in the city and garages which do not
conform to the existing zoning ordinances are fairly common. Allowing the construction
of the proposed garage will not significantly alter the neighborhood's character.
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 #2017-20, dated January 16, 2018 prepared by MacKenzie Walters, is
incorporated herein.
DECISION
"The Chanhassen Board of Appeals and Adjustments approves the variance request for a
10 -feet west front yard setback, a 5 -foot rear yard setback, a 9 percent lot coverage, and second
driveway access variance for the construction of a garage addition, subject to the conditions of
approval and adopts the attached finding of Facts and Decisions:
1. The applicant must apply for and receive a building permit.
2. Garage must be architecturally compatible with existing house and match color.
3. Vacation of southern alley must be completed, before the building permit application
is submitted.
4. The second driveway shall be constructed using a pervious paver/geogrid system, the
design of which shall be approved by the Water Resources Coordinator. The system
must be installed by a certified installer.
5. The applicant shall construct an 8 -foot in diameter rain garden in the southeast corner
of the property, the design and installation of which shall be approved by the Water
Resources Coordinator.
6. The property's lot cover may not exceed 3,066 square feet, of which no more than
2,786 square feet may be impervious surface.
ADOPTED by the Chanhassen Planning Commission this 16th day of January, 2018.
CITY OF CHANHASSEN
Chairman