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Findings of Fact CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION INRE: Application of Clint & Jennifer Hurt for 4.5% hard surface coverage variance from the maximum 25% hard surface coverage restriction and a 5-foot side yard setback variance for the addition of a sport court - Planning Case No. 05-32. On October 18, 2005, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Clint & Jennifer Hurt for 4.5% hard surface coverage variance from the maximum 25% hard surface coverage restriction and a 5-foot side yard setback variance for the addition of a sport court on property located in the Single Family Residential District at 8491 Mission Hills Circle. The Planning Commission conducted a public hearing on the proposed variance that was preceded by published and mailed notice. The Planning Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT 1. The property is currently zoned Single Family Residential (RSF). 2. The property is guided by the Land Use Plan for Residential- Low Density (Net Density Range 1.2 - 4u/Acre). 3. The legal description of the property is: Lot 6, Block 2, Marsh Glen. 4. The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a variance unless they find the following facts: a. Literal enforcement of this chapter would not cause undue hardship. b. The conditions upon which this variance is based are applicable, generally, to other properties in the Single Family Residential district. c. The improvements increase the value of the property. d. The alleged difficulty or hardship is a self-created hardship. e. The granting of the variance may be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. f. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger 1 of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. 5. The planning report #05-32 Variance dated October 18, 2005, prepared by Josh Metzer, et aI, is incorporated herein. ACTION The Planning Commission denies the Variances from the impervious surface and side yard setback restrictions for the addition of a sport court. ADOPTED by the Chanhassen Planning Commission on this 18th day of October, 2005. CHANHASSCG COMMISSION BY: ~d~,~ Its Chairman g:\plan\2005 planning cases\05-32 hurt variance\findings of fact.doc 2