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Findings of Fact CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION INRE: Application of Dave Bangasser for a 19.61-foot front yard setback variance, a 19.8-foot front yard setback variance and a 6.05% hard surface coverage variance to demolish an existing one-stall garage and construct a three-stall garage - Planning Case No. 06-04. On February 7, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Dave Bangasser for a 19.61-foot front yard setback variance, a 19.8-foot front yard setback variance and a 6.05% hard surface coverage variance to demolish an existing one-stall garage and construct a three-stall garage on a nonconforming comer lot of record located in the Single Family Residential District (RSF) at Lot 1, Block 5, Red Cedar Point. 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 1, Block 5, Red Cedar Point. 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 does not cause an 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 may impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or 1 endanger the public safety or substantially diminish or impair property values within the neighborhood. 5. The planning report #06-04 Variance dated February 7,2006, prepared by Josh Metzer, et aI, is incorporated herein. ACTION The Planning Commission denies the Variances from the front yard setbacks and impervious surface restrictions for the construction of a three-stall garage. ADOPTED by the Chanhassen Planning Commission on this 7th day of February, 2006. CHANHASSEN PLANNING COMMISSION g:\plan\2006 planning cases\06-04 bangasser variance\findings of fact.doc 2