Signed Findings of Fact 18-07CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
The application of Mark A and Rebecca L Erickson for a 3 percent lot cover variance on a
property zoned PUDR - Planning Case 2018-07.
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 15, Block 5, Chanhassen Hills 3rd Addition
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 intent of the city's lot coverage limit is to balance stormwater management
and intensity of land use with allowing homeowners reasonable use of their property. The
applicant's proposed increase in lot coverage is not expected to significantly impact the
area's water resources, and the proposed use and resulting total lot coverage are both typical
for a detached single-family home. Allowing a house, garage, driveway, and small
accessory storage shed in a situation where the resulting lot cover is not expected to degrade
nearby water resources is 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 install a small storage shed 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. They are unable to
construct the proposed shed within the lot cover limits established by the city's zoning
ordinance due to the atypically small size of their lot.
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 Chanhassen Hills subdivision was created under the first iteration of the
city's PUD ordinance where developers were allowed to average lot sizes across a
development. The applicant's lot was amongst the smallest created under this system,
which provided the homeowner with insufficient lot coverage to accommodate a small
storage shed without a variance.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The proposed use and resulting lot coverage are both consistent with what is
found detached single-family residential neighborhoods and the surrounding properties.
Allowing the installation of a small rear yard storage shed will not alter the essential
character of the locality.
£ 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 #2018-07, dated June 5, 2018, prepared by MacKenzie Walters, is
incorporated herein.
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DECISION
"The Chanhassen Board of Appeals and Adjustments approves a 3 percent lot coverage
variance, subject to the following conditions:
1. The applicant must apply for and receive a zoning permit.
2. Lot coverage may not exceed 3,157 square feet."
ADOPTED by the Chanhassen Planning Commission this 5th day of June, 2018.
CITY OF CHANHASSEN
BY:
Chairman
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