Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
INRE:
Application of Troy & Virginia Kakacek for 4.23% hard surface coverage variance
from the maximum 25% hard surface coverage restriction for the addition of a patio and
retaining wall- Planning Case No. 05-18.
On July 19,2005, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the Application of Troy & Virginia Kakacek for a 4.23% hard surface
coverage variance from the maximum 25% hard surface coverage restriction for the addition of a
patio and retaining wall on property located in the Single Family Residential District at 380 West
86th Street. The Planning Commission conducted a public hearing on the proposed variance that
was preceded by published and mailed notice. The Planning Commission heard testimony from
all interested persons wishing to speak and now makes the following:
FINDINGS OF FACT
1. The property is currently zoned Single Family Residential (RSF).
2. The property is guided by the Land Use Plan for Residential - Low Density (Net Density
Range 1.2 - 4u/Acre).
3. The legal description of the property is: Lot 4, Block 1, Rice Lake Manor 2nd Addition
4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not
grant a variance unless they find the following facts:
a. Literal enforcement of this chapter would not cause undue hardship.
b. The conditions upon which this variance is based are applicable, generally, to other
properties in the Single Family Residential district.
c. The improvements increase the value of the property.
d. The alleged difficulty or hardship is a self-created hardship.
e. The granting of the variance may be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel of land is located.
f. The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
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of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
5. The planning report #05-18 Variance dated July 19,2005, prepared by Josh Metzer, et aI, is
incorporated herein.
ACTION
The Planning Commission recommends that the City Council deny the variance from the
impervious surface restriction for the addition of a patio and retaining wall.
ADOPTED by the Chanhassen Planning Commission on this 19th day of July, 2005.
BY:
Its Chairman
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