Findings of Fact - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES. MINNESOTA
FINDINGS OF FACT
AND DECISION
APPROVAL)
IN RE:
Application of Michael and Juliana Sylvia, for a variance to use a single-family dwelling as a two-
family dwelling on a property zoned Single-Family Residential District(RSF) - Planning Case 2021-
06.
On January 19. 2021, 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:
Lot 12. Block 5, Settlers West
4. Variance Findings—Section 20-59 of the City Code provides the following criteria for the
granting of a variance to use a single-family dwelling as a two-family dwelling:
a. There is a demonstrated need based upon disability, age or financial hardship.
Finding: The applicant has stated that they are requesting the variance in order to care for
their aging parents. one of whom has been diagnosed with Parkinson's disease.
b. The dwelling has the exterior appearance of a single-family dwelling, including the
maintenance of one driveway and one main entry.
Finding: Settlers West is a newer subdivision where relatively large footprint homes with
three-car garages are the norm. While most of the neighborhood's homes were built with the
garage doors parallel to the street, multiple houses have the garages set at angles to the street.
utilize a side loading garage design, or otherwise depart from that configuration. The
applicant's proposed home does not fall outside of the range of variation in design already
present in the neighborhood, nor does any element of its exterior façade depart from the
norms associated with single-family residences.
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The proposed home has a single driveway and a single main entrance, and conditions have
been placed on the variance to prevent the creation of a separate entrance or significant
deviations from the proposed facade.
c. Separate utility services are not established (e.g., gas, water, sewer, etc.).
Finding: Separate utility services are not proposed and will not be established.
d. The variance will not be injurious to or adversely affect the health, safety or welfare of the
residents of the city or the neighborhood where the property is situated and will be in keeping
with the spirit and intent of this chapter.
Finding: The variance request for an accessory dwelling unit(ADU)to allow for the
applicant to care for their aging parents is not expected to generate the traffic, noise, or
transient population concerns that can be associated with placing multi-unit properties within
single-family neighborhoods. The city has granted several variances for ADUs in other
neighborhoods and to staff's knowledge they have generated no complaints. Additionally,
conditions have been placed on the variance to prevent the property from subsequently being
sold or used as a duplex. Granting the requested variance is not expected to negatively impact
any of the surrounding properties, and is in line with the City Code's intent that residents
have the option to provide in-home care for family members while allowing them to maintain
independence.
5. The planning report#2021-06. dated January 19, 2021, prepared by MacKenzie Young-Walters.
is incorporated herein.
DECISION
The Chanhassen Board of Appeals and Adjustments approves the variance request for the use
of a single-family dwelling as a two-family dwelling, subject to the following conditions of
approval:
1. A building permit must be obtained prior to construction.
2. Building plans must provide sufficient information to verify that proposed building/structure
meets all requirements of the Minnesota State Building Code; additional comments or
requirements may be required after plan review.
3. The exterior of the home shall maintain the appearance of a single-family home (i.e. single
driveway, single main entrance, etc.) and shall substantially conform to the plans dated
December 10, 2020.
4. No separate entrance may be created for the apartment above the garage.
5. Separate utility services may not be established.
6. The apartment above the garage may not be rented as a separate unit. and may only be
occupied by a relative of the property owner.
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ADOPTED by the Chanhassen Planning Commission this 19`h day of January, 2021.
CITY OF CH NHASSEN
BY:
Steven Weick. Ch man
g:lplan12021 planning cases121-06 10029 trails end roadlfindings of fact and decision 10029 trails end road (approval).docx
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