Findings of Fact and Decision PC - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COTINTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Armenak Petrosian for a two-foot height variance for an accessory structure on
property at 6300 Hummingbird Road, zoned Single-Family Residential District, RSF - Planning
Case #2021-10.
on June l5,2}21,the chanhassen Planning commission, acting as the Board ofAppeals and
Adjustments, met at its regularly scheduled meeting to consider the application Armenak
Peirosian for a two-foot height variance for an accessory structure. 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
l The property is currently zoned Single-Family Residential District, RSF.
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density
use.
3. The legal description of the property is Lot 5, Block l, Munay Hill Replat of 17 and 18
4. Variance Findines - Section 20-58 ofthe Ci ty Code provides the lollowing criteria for the
granting ofa variance:
a. Variances shall only be permitted when they are in harmony with the general purposes
and intent ofthis Chapter and when the variances are consistent with the Comprehensive
Plan.
b.
Finding: The applicant is proposing to increase the permitted height of an accessory
structure by two feet. While accessory structures are limited in height, they applicant has
constructea the accessory structure to fit in',Mith a future reconstruction of the home on
the property. By adding a second story, the applicant has created prepared this stnrcture
for the future home.
when there are practical diffrculties 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
bhipt.r. Practical diffrculties include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
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Finding: The property owner could constnrct an accessory structue that complies with
ordinance, but it would not lend itself to a futue connection to a reconstructed home on
the property and would require significant modification to be connected to a future two-
story home.
c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The variance would allow the applicant to keep the constructed accessory
building.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The reconstruction of the home is a timing issue for the applicant since the
home is currently occupied by his father. Rather than having him move while a new
home is constructed.
The variance, if granted, will not alter the essential character ofthe locality.
Finding: The variance will permit the applicant to keep the accessory structure, which is
permitted on properties zoned RSF.
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 condition does not apply'
5. The planning report #2021-10, dated June 15,2021, prepared by Robert Generous, et al, is
incorporated herein.
DECISION
The Board ofAppeals and Adjustments approves the two-foot accessory stmcture height
variance subject to the following conditions:
a. The applicant shall provide revised plans that accurately reflect the constructed accessory
structure.
b. The applicant shall schedule and receive a final inspection.
ADOPTED by the Chanhassen Board ofAppeals and Adjustments this 15e day ofJune,
2021.
CITY OF CHAN SS
BY:
an
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