Findings of Fact and Decision - Signed CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Mike Werth and property owners Meghan&Mark LaLonde, et al, for a side yard
setback variance for an addition to their garage and house on property zoned Single Family
Residential District, RSF,—Planning Case#2022-06.
On April 19, 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
use.
3. The legal description of the property is Lot 2. Block 1, Schroeder Addition, Carver County.
Minnesota.
4. 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 proposed house expansion is consistent with the zoning regulations and
Comprehensive Plan. The applicants are proposing to improve their home to meet the
needs of their larger family.
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.
Finding: The practical difficulty is connecting to an existing structure that does not
comply with the setback requirement. The proposed expansion is reasonable and
feasible.
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c. That the purpose of the variation is not based upon economic considerations alone.
Finding: The applicants are presenting a reasonable means of expanding their garage
and home to accommodate their growing family. Following the existing building line to
extend the garage and create additional living space is common sense.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The existing home was constructed five feet from the northerly property line.
The expansion plans are reasonable and sensible.
e. The variance, if granted,will not alter the essential character of the locality.
Finding: The house will be compatible with the other homes in the neighborhood. The
building expansion is angled away from the property line.
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#2022-06, dated April 19, 2022,prepared by Robert Generous, et al, is
incorporated herein.
DECISION
The Board of Appeals and Adjustments approves a five-foot side yard setback variance
with an addition encroachment of 18 inches for the eves, subject to the following conditions:
1. An Encroachment Agreement is required for the existing retaining wall located within the
northern side yard public drainage and utility easement.
2. A building permit must be obtained before beginning any construction.
3. 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.
4. Retaining walls (if present)more than four feet high must be designed by a professional
engineer and a building permit must be obtained prior to construction.
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ADOPTED by the Chanhassen Board of Appeals and Adjustments this 19`h day of April,
2022.
CITY OF CHANHASSEN
BY:
k von Oven,Chairman
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