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Findings of Fact CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND ACTION IN RE: Application of Marvin & Patricia Onken for a Variance to allow for use of a single- family dwelling as a two-family dwelling in a Single-Family Residential (RSF) District - Planning Case No. 06-29. On September 5, 2006, the Chanhassen Planning Commission met at its regularly scheduled meeting to consider the Application of Marvin & Patricia Onken for a Variance to allow for use of a single-family dwelling as a two-family dwelling in a Single-Family Residential (RSF) District. 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 - 4uJAcre). 3. The legal description of the property is: Lot 16, Block 4, Minnewashta Heights. 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. There is a demonstrated need based upon disability, age or financial. b. The dwelling has the exterior appearance of a single-family dwelling, including the maintenance of one driveway and one main entry. c. Separate utility services are not established (e.g. gas, water, sewer, etc.). d. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is situated and will be in keeping with the spirit and intent of this chapter. 5. The planning report #06-29 Variance dated September 5,2006, prepared by Josh Metzer, et aI, is incorporated herein. ACTION The Chanhassen Planning Commission approves the Variance to allow for use of a single- family dwelling as a two-family dwelling in Single-Family Residential (RSF) District. ADOPTED by the Chanhassen Planning Commission on this 5th day of September, 2006. ~ g:\plan\2006 planning cases\06-29 onken variance\findings of fact.doc