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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 1 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 g:\plan\2005 planning cases\05-18 kakacek variance\findings of fact.doc 2