06-31 Findings of Fact
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND ACTION
(Staff Recommendation)
INRE:
Application of Ed & Cheryl Bixby for a 12-foot front yard setback variance to construct
a one-stall garage with a 18-foot front yard setback and a 3.94% hard surface coverage
variance on property located in the Single Family Residential (RSF) District - Planning
Case No. 06-31.
On October 3, 2006, the Chanhassen Planning Commission met at its regularly scheduled
meeting to consider the Application of Ed & Cheryl Bixby for a 12-foot front yard setback
variance to construct a one-stall garage with a 18-foot front yard setback and a 3.94% hard surface
coverage variance on property located in the Single Family Residential (RSF) District at Lot 5,
Block 2, Red Cedar Point Lake Minnewashta. 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 - 4u/ Acre).
3. The legal description of the property is: Lot 5, Block 2, Red Cedar Point Lake Minnewashta.
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 #06-31 Variance dated October 3,2006, prepared by Josh Metzer, et aI,
is incorporated herein.
ACTION
The Planning Commission approves the Variances from the front yard setback and
impervious surface restrictions of the Single Family Residential (RSF) District for the construction
of a one-stall garage on property zoned RSF.
ADOPTED by the Chanhassen Planning Commission on this 3rd day of October, 2006.
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recommendation.doc
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