Signed Findings of Fact 18-09CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
The application of Richard Hamblin for a 5 -foot front yard setback variance on a property zoned
PUDR - Planning Case 2018-09.
On June 5, 2018, 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 Planned Unit Development -Residential (PDDR).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is:
Lot 16, Block 4, Hidden Valley
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
pian.
Finding: The intent of the city's front yard setback ordinance is to ensure adequate green
space and a uniform aesthetic for residential neighborhoods. In the case of the Hidden
Valley PUD, the front yard setback for cul-de-sacs also ensures adequate lot width. Since
half of Hidden Valley's lots meet the 25 -foot setback that the applicant is requesting and
the applicant has sufficient lot width to conduct the project while maintaining the
required side yard setbacks, allowing this property a 25 -foot setback would be in
harmony with the intent of this Chapter.
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 applicant's request to expand their existing two -car garage is a reasonable
proposed use for the property and will assist them in meeting the requirements of the
city's outdoor storage ordinance by providing additional indoor storage space. The
configuration of their property does not allow for a garage expansion within the bounds
established by the City's Zoning Code.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance request is not solely 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 lot does not meet the 70 -foot width at building setback required by the
Hidden Valley PUD. The lot's substandard dimensions prevent the property owner from
expanding the garage without a variance.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The intent of the 30 -foot front yard setback for cul-de-sacs is ensuring
sufficient lot width to accommodate a house with 10 -foot side yard setbacks. The
proposed project would maintain the required side yard setbacks, and would not alter the
overall aesthetics of a subdivision where approximately half of the homes have 25 -foot
front yard setbacks.
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 #2018-09, dated June 5, 2018, prepared by MacKenzie Walters, is
incorporated herein.
2
DECISION
"The Chanhassen Board of Appeals and Adjustments approves a 5 -foot front yard
setback variance, subject to the following conditions:
1. The applicant must apply for and receive a building permit."
ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2018.
CITY OF CHANHASSEN
B
airman