Finding of Fact (Approval)_PC - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE: Application of Comer Addition Planning Case 19-02
On February 19,2019, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the application of a Preliminary Plat to subdivide a I .062 acre lot into two
(2) single-family lots with a variance, Comer Addition.
The Planning Commission conducted a public hearing on the proposed development which 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
L The proposed subdivision is consistent with the zoning ordinance;
Finding: The subdivision meets all the requirements of the RSF, Residential
Single Family District and the zoning ordinance if the lot frontage variance is
approved.
2. The proposed subdivision is consistent with all applicable city, county and regional plans
including but not limited to the city's comprehensive plan;
Findins: The proposed subdivision is consistent with the comprehensive plan and
subdivision ordinance.
3. The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and
stormwater drainage are suitable for the proposed development;
Finding: The proposed site is suitable for development subject to the conditions
specified in this report.
4. The proposed subdivision makes adequate provision for water supply, storm drainage,
sewage disposal, streets, erosion control and all other improvements required by this
chapter;
Finding: The proposed subdivision is served by adequate urban infrastructure.
5. The proposed subdivision will not cause environmental damage;
Finding: The proposed subdivision will not cause significant environmental
damage subject to conditions of approval. The proposed subdivision contains
adequate open areas to accommodate house pads.
6. The proposed subdivision will not conflict with easements of record;
Findine: The proposed subdivision will not conflict with existing easements, but
rather will expand and provide all necessary easements.
7. The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
a. Lack of adequate stormwater drainage.
b. Lack ofadequate roads.
c. Lack of adequate sanitary sewer systems.
d. Lack of adequate off-site public improvements or support systems.
Findine: The proposed subdivision will have access to public utilities and streets.
8. Variances. - 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 zoning code's minimum lot frontage is to ensure
sufficient space for a building pad that can accommodate a house and garage
while meeting the district's l0-foot side yard setbacks. The proposed lot width of
108.85' is in excess of the district's 90' minimum and can easily accommodate
the 60-foot by 60-foot building pad required by ordinance. The variance is needed
only because the lot width does not front a public street; however, access is
provided by an existing private driveway easement. Since both access and
minimum lot dimensions are provided, the requested variance is consistent with
the general purposes and intent of this Chapter and the comprehensive plan.
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: In order to comply with the minimum lot frontage stipulated in the
zoning code, atypical lot configurations or the construction of a private or public
street would be required. These configurations would also result in increased
impervious surfaces within the shoreland management district. The applicant's
proposed lot dimensions exceed those required by the zoning code and the
existing private driveway easement provides reasonable access to Lot l, Block l.
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 plight of the landowner is the result of the fact that right-of-way for
Kirkham Road was dedicated to the city, but the road was never constructed and a
portion of it abutting the property was subsequently vacated. During the vacation
process, an easement was placed over the vacated portion of the right-of-way to
provide access to the house located on the northern half of the parcel. The
landowner's inability to meet the lot frontage requirements stems from the unique
circumstances of the property is not the result of the landowner's actions.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The proposed variance would allow for the northern portion of the
property to continue to be accessed from Hickory Road via a private driveway
easement. Since this is a continuation of the existing conditions within the
neighborhood, it will not negatively impact or alter the character of the locality.
The proposed lots associated with the variance request both exceed the district's
minimum dimensions and would not be atypical for the area.
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.
10. The planning report, Planning Case 19-02, dated February 5,2019, prepared by
MacKenzie Walters, et al, is incorporated herein.
RECOMMBNDATION
The Chanhassen Planning Commission recommends that the City Council
approve the preliminary plat for a two-lot subdivision, and approves a lot frontage variance for
Lot 1, Block l, Comer Addition, as shown in plans dated December 5, 2018 subject to the
conditions of approval.
ADOPTED by the Chanhassen Planning Commission this lgth day of February,2019.
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