Findings of Fact PC - SignedCITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
APPROVAL)
IN RE:
Application of Merle and Diane Steinkraus, for a variance to use a single-family dwelling as a two-
family dwelling on a property zoned Rural Residential District (RR)- Planning Case 2021-16.
On August 17, 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 Rural Residential District (RR).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Large Lot.
3. The legal description of the property is:
Lot 8, Block 1, Lake Lucy Highlands
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 have developed a heart condition and wishes to
spend his senior years with his son's family.
b. The dwelling has the exterior appearance of a single-family dwelling, including the
maintenance of one driveway and one main entry.
Finding: The applicant is not proposing to significantly alter the exterior facade of the home.
The variance will allow for the applicant to install a second kitchen in the basement, a change
that will not alter the exterior appearance of the home. While the house is somewhat atypical
in that it features a rear facing garage door that provides access to the lower level accessory
dwelling unit,this is a pre-existing feature and there is no architecturally distinct second
entryway. Additionally,the applicant's proposal allows for free access between the upper and
lower levels of the house and conditions have been placed on the variance to prevent the
separation of these spaces.
c. Separate utility services are not established (e.g., gas, water, sewer, etc.).
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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 the applicant's
children to move in with them due to health concerns 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 home is situated on a wooded 2.49 acre
lot and is setback a significant distance from the road meaning that there is a large amount of
screening and distance between this home and other members of the community. The City
has granted several variances for ADUs in other neighborhoods and to staff 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#2021-16, dated August 17, 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 the 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
May 26, 2021.
4. Unobstructed access between the upper and lower level must be maintained via the stairways.
5. Separate utility services may not be established.
6. The dwelling units may not be rented as separate units, and the occupants of both must be
related.
ADOPTED by the Chanhassen Planning Commission this 17th day of August, 2021.
CITY OF CHANHASSEN
BY:
Eric 1 oyes, Pro tempore
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