25-14 Signed FOFCITY OF CHANHASSEN
CAR\'ER AND HENNEPIN COUNTIES. MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE
Application ofproperty owner Joseph Pavelko for a front setback variance on a property zoned
Single Family Residential District (RSF) - Planning Case 2025-14.
On October 7, the Chanhassen Planning Commission, acting as the Board ofAppeals and
Adjustments, met aI its regularly scheduled meeting to consider the application. The Planning
Commission conducted a public hearing on the proposed variance preceded by published and
mailed notice. The Board of Appeals and Adjustments makes the following:
L The property is currenlly zoned Single Family Residential District (RSF).
2. The property is guided in the Chanhassen Comprehensive Plan for Residential Low Density
3. The property legal description as desoribed in Exhibit A.
4. Variance Findinss - Section 20-58 ofthe City Code provides the following criteria for the
granting of a variance
Variances shall only be permitted when they are in harmony with the general purposes
and inlcnt ofthis Chapter and when the variances are consistenl with the Comprehensive
Plan.
a
Finding: The requested variance is in harmony wilh the general purposes and the intenl
of the chapter and is found to be oonsistenl wilh the comprehensive plan.
b. Wren there are praclical difficulties in complying u'ith the zoning ordinance. "Practical
difficulties" as used in connection u'ith the granting ofa variance, means lhat the property
owner proposes to use lhe property in a reasonable manner nol permitted by this Chapter.
Practioal difficulties include, but are nol limited lo, inadequale access to direct sunlight
for solar energy systems.
Finding: The house's positioning on the lot and inlerior layoul create practical difficulties
for complying *'ith the zoning code for the installation olan atlached deck on the back of
the home. a reasonable and typical use on a property.
FINDINGS OF FA('T
c. Thal the purpose of the varialion is no1 based upon economic considerations alone.
Finding: The purposes ofthe variations are not based on economic considerations.
d. The plight of the landowner is due to circumstances unique to the property not created by
the landowner.
Finding: The subject property has frontage on Pleasant Vierv Road. n'hich is considered
a collector roadway by the city. Access points onto a colleclor roadway are linrited by the
city. As a result, a private shared drive was established at the time this property was
developed. 'l'he home was constructed so that lhe front ofthe home faced the side ofthe
propert)'thal has rehicle access. as is t1'pical. This resulted in the rear ofthe home facing
Pleasant Vierv Road. u,hich crea(es a unique situation not created by the landowner.
The variance, il'granted, will not aher the essential character ofthe locality.
Finding: The requested r,ariance is *,ithin the keeping ofneighboring properlies. where
attached decks are a common addition to a home.
l'. Variances shall bc granted for earlh-sheltered construction as defined in Minnesota
Statutes Seclion 216C.06, subdivision 14, when in hannony with this Chapter.
Finding: The proposed deck is not an earth-sheltered construction and therefore not
applicable.
The planning report #2025-14 dated October l. 2025, prepared by Rachel Arsenauh is
incorporaled herein.
DE('ISION
The Planning Commission approves the requested variance for a front yard selback, subject to
the conditions of the staff reporl.
ADOPTED by the Chanhassen Planning Conrnrission this 7d day ofOctober 2025
CHANHASS ING COMMISSION
c
5
P
B\'
Its Chairman
Iixhihit A
Lo1 2. Block I . Larson's Subdivision, ('anr er Countl', Minnesota.