Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
INRE:
Application of Thomas and Paula Schwartz for an after-the-fact Variance request for
relief from the 40-foot wetland buffer setback for an existing gazebo and patio structure
- Planning Case No. 06-22.
On June 20, 2006, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the Application of Thomas and Paula Schwartz for an after-the-fact Variance
request for relief from the 40-foot front yard setback requirement to allow after-the-fact placement
of gazebo and patio/fire pit structures in the wetland buffer setback on property zoned Planned Unit
Development- Residential (PUD-R). 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 Planned Unit Development- Residential (PUD-R).
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 3, The Meadows at Longacres 4th
Addition.
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.
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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 #06-22 Variance dated June 20, 2006, prepared by Don Asleson, et aI, is
incorporated herein.
ACTION
The Planning Commission denies the Variances from the 40-foot wetland buffer setback
for the existing gazebo and patio structures.
ADOPTED by the Chanhassen Planning Commission on this 20th day of June, 2006.
g:\plan\2006 planning cases\06-22 schwartz variance\findings of fact.doc
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