Findings of Fact and Decision CC - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE
Application of Armenak Petrosian for a two-foot height variance for an accessory stnrcture on
property at 6300 Hummingbird Road, zoned Single-Family Residential District, RSF - Planning
Case #2021-10.
On June 28,2021, the City Council met at its regularly scheduled meeting to consider the
application of Armenak Petrosian for a two-foot height variance for an accessory structure. The
City Council conducted a hearing on the proposed variance. City Council makes the following:
FINDINGS O F 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 ofthe property is Lot 5, Block 1, Murray Hill Replat of 17 and 18.
4. Variance Findines - Section 20-58 ofthe City Code provides the following criteria for the
granting ofa variance:
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 applicant is proposing to increase the permitted height of an accessory
structure by two feet. While accessory suuctures are limited in height, the applicant has
constructed the accessory structue to fit in with a future reconstruction of the home on
the property. By adding a second story, the applicant has prepared this structure for the
future home.
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.
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Finding: The property owner could construct an accessory structure that complies with
ordinance, but it would not lend itself to a futule connection to a reconstructed home on
the property and would require significant modification to be connected to a future two-
story home.
That the purpose ofthe 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.
e. The variance, if granted, will not alter the essential character of the 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 Chanhassen City Council approves the two-foot accessory structure height variance
subject to the following conditions:
The applicant shall provide revised plans that accurately reflect the constructed accessory
structurc.
b. The applicant shall schedule and receive a final inspection.
ADOPTED by the Chanhassen City Council this 28s day ofJune, 2021
CITY OF CHANHASSEN
BY:
Elise Ryan,yor
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