Findings of Fact and Decision - Signed via DocuSign 1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(PARTIAL APPROVAL)
IN RE:
Application of Jeff Robinson on behalf of Michael Corrigan for setback and lot cover variances to
facilitate an addition to a nonconforming detached garage on a property zoned Single-Family
Residential District (RSF) – Planning Case 2022-01.
On January 4, 2022, 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.
The legal description of the property is:
Lot 25, Block 4, Red Cedar Point Lake Minnewashta
3. 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: The City’s Zoning Code recognizes the need to allow the owners of nonconforming
residential properties to improve their properties. Given the constrains created by the
substandard lot size, allowing the modest expansion of a nonconforming garage so that it can
accommodate the indoor storage of both vehicles and typical property maintenance and
recreational items is in harmony with the purposes and intent of Chapter 20. Since the
nonconforming garage’s current 21.8-foot front yard setback is typical for the neighborhood
and the applicant is proposing a reduction to the property’s nonconforming lot cover,
granting variances to maintain the existing front yard setback and for the reduced lot cover
amount is appropriate. The proposed 2-foot side yard setback is the result of the applicant’s
effort to protect a mature tree on the property. Granting variances to protect environmental
features is consistent with the purposes and intent of the Chapter and Comprehensive Plan.
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.
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Practical difficulties include, but are not limited to, inadequate access to direct sunlight for
solar energy systems.
Finding: Given the narrowness of the existing garage and the need to store various items on
site, the applicant’s request to expand the garage is reasonable. The substandard size of the
lot and the location and size of existing structures and trees mean that the applicant cannot
widen the garage without the requested front yard, side yard, and lot cover variances.
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 landowner’s inability to increase the width of the garage without setback and
lot cover variances is the result of the substandard size of the lot and the size and location of
the property’s existing structures and environmental features.
e. The variance, if granted, will not alter the essential character of the localit y.
Finding: Red Cedar Point is one of the City’s oldest neighborhoods and many of the homes
are located on lots that are significantly narrower than the Zoning Code’s 90-foot minimum
lot width. This has resulted in many properties that do not have the required 10-foot side yard
setbacks, including the property’s principle structure which already has 2-foot side yard
setbacks. Given that the requested lot cover and setbacks are already present on this property,
approving the proposed lot cover and setback variances would not be out of character with or
negatively impact the surrounding neighborhood.
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.
5. The planning report #2022-01, dated January 4, 2022, prepared by MacKenzie Young-Walters is
incorporated herein.
DECISION
The Chanhassen Board of Appeals and Adjustments approves the requested 7.9-foot west side yard
setback, 8-foot front yard setback, and 15.6 percent lot cover variances, subject to the Conditions of
Approval.
1. Building plans must provide sufficient information to verify that proposed building meets all
requirements of the Minnesota State Building Code; additional comments or requirements
may be required after plan review.
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2. The exterior wall and eaves on the wall facing the property line will need to be built using
fire-resistant rated construction in areas where the separation distance from the property line
is less than five feet.
3. A building permit must be obtained before beginning any construction.
4. Must provide the Minnehaha Creek Watershed District with calculations of the total area of
disturbance and total volume of any excavation/fill. If these totals trigger the District’s
permitting requirements, any and all required permits from the Watershed District must be
obtained before starting work.
5. The installation of any improvements on the site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural Resources
and the Minnehaha Creek Watershed District, and all applicable permits shall be obtained
prior to any site improvements.
6. Total lot cover shall not exceed 3,119 square feet.
7. The detached garage’s eaves may encroach up to one foot into the required front yard and
side yard setbacks.
8. The detached garage must have gutters and the downspout extensions must not direct water
towards the neighboring property.
ADOPTED by the Chanhassen Planning Commission this 4th day of January, 2022.
CITY OF CHANHASSEN
BY:
Mark von Oven, Chairman
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