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Findings of Fact CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION INRE: Application of Gary Carlson and Megan Moore for an after-the-fact Variance request for relief from the 3D-foot front yard setback requirement for an existing four-stall garage and relief from the 1,000 square-foot detached accessory structure restriction in the Single Family Residential (RSF) District - Planning Case No. 06-12. On April 4, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Gary Carlson & Megan Moore for an after-the-fact Variance request for relief from the 3D-foot front yard setback requirement for an existing four-stall garage and relief from the 1,000 square-foot detached accessory structure restriction in the Single Family Residential (RSF) District at Lot 6, Schmid's Acre Tracts. The Planning Commission conducted a public hearing on the proposed variances 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 - 4u1 Acre). 3. The legal description of the property is: Lot 6, Schmid's Acre Tracts. 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 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. That the purpose of the variation is not based upon a desire to increase the value or income potential of the parcel of land. d. The alleged difficulty or hardship is not a self-created hardship. e. That the granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 1 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 of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. 5. The planning report #06-12 Variance dated April 4, 2006, prepared by Josh Metzer, et aI, is incorporated herein. ACTION The Planning Commission denies the Variances from the front yard setback and 1,000 square foot maximum accessory structure restrictions of the Single Family Residential District for three existing accessory structures built without permits. ADOPTED by the Chanhassen Planning Commission on this 4th day of April, 2006. CHANHASSEN PLANNING COMMISSION g:\plan\2006 planning cases\06-12 carlson variance\findings offact.doc 2