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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. 2 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 3