Findings of Fact - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
APPROVAL)
IN RE:
Application of Paul Pope for an 11-foot 9-inch front setback variance and a 6.35 percent lot
cover variance on a property zoned Single-Family Residential District (RSF) - Planning Case
2020-17.
On September 1, 2020, 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 Single-Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density.
3. The legal description of the property is:
The South 80 feet of Lots One and Two (1&2)of Block 1,Village of Chanhassen, Carver
County, Minnesota, according to the map or plat on file and of record in the Office of the
County Recorder of said Carver County, Minnesota
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: Since the City Code requires single-family homes to have a two-car garage
granting a variance to permit the construction of a two-car garage is in harmony with the
general purpose and intent of Chapter 20.
Concerning the requested lot cover variance, the intent of the City Code is to regulate and
limit the amount of lot cover in order to allow for the management of stormwater. Since
this area of the city does not have a known history of drainage issues or known
deficiencies in the stormwater infrastructure, allowing a relatively modest increase in the
absolute amount of lot cover on a property to facilitate the construction of a garage and a
driveway meeting city design standards is in harmony with the intent of Chapter 20.
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Concerning the requested front yard setback, the intent of the city's yard setback
ordinance is to provide for a uniform neighborhood aesthetic and greenspace. In this
instance, the proposed garage is set further back than the existing home and granting the
requested front yard setback will allow the property to maintain a larger and more usable
rear yard. Given the existing development pattern of the area and wide variance in the
front yard setbacks within the neighborhood, granting the requested front setback
variance is in harmony with the intent of Chapter 20.
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 proposed two-car garage is a reasonable accessory use for
property with a single-family home and no garage. The location of the existing home on
the parcel and substandard nature of the parcel make it impossible for the applicant to
construct a two-car garage without a variance.
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 neighborhood was platted 1887 and the home was built in 1906. Since the
creation of the lot and construction of the home predates the creation of the city and
adoption of a Zoning Code, the applicant is forced to work within the constraints created
by the non-conforming lot and house placement.
e. The variance, if granted, will not alter the essential character of the locality.
Finding: The property is located in one of the city's oldest neighborhoods. Many of the
properties in the area do not have the required 30-foot front yard setback, either by virtue
of variances or by virtue of their status as non-conforming uses. Additionally, no property
sharing a block with 7727 Frontier Trail, with one possible exception, appears to meet the
required front yard setback. Given that the neighborhood largely consists of smaller lots
with structures located within the required setbacks, the proposed variance would not
represent a departure from the existing character of the neighborhood. Furthermore,the
proposed garage is broadly architecturally compatible with the existing structure and will
not negatively impact the property's appearance as seen from the street.
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.
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5. The planning report#2020-17, dated September 1, 2020, prepared by MacKenzie Young-
Walters, is incorporated herein.
DECISION
The Chanhassen Board of Appeals and Adjustments approves an 11 foot 9 inch front
yard setback variance and a 7 percent lot cover variance for the construction of a detached
garage, and adopts the attached Findings of Fact and Decision, subject to the following
condition:
1. A building permit must be obtained prior to construction and the building must comply
with the Minnesota State Building Code.
2.Eaves may encroach an additional one foot beyond the granted variance, as shown in the
plans dated July 31, 2020.
3.The detached garage must be architecturally compatible with the existing home.
4.The driveway turnaround shall be relocated at least one-half foot north so as not to be on
the property line; the maximum driveway width at the right-of-way line shall not exceed
24 feet.
ADOPTED by the Chanhassen Planning Commission this 1st day of September, 2020.
CITY OF HANHASSEN
BY:
I s.-yen Weick, Chai
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