26-09 signed FOFCIT'Y OF C]HANHASSEN
CARVER AND HENNEPIN COL]NTIES, MINNESOTA
FINDINGS OF FACT
AND DE,CISION
IN RE:
Application by Next Day Fences for a variance to the front yard setback for the installation ofa
fence on a property zoned Single Family Residential District (RSF) - Planning Case 2026-09.
On July 7, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularlv 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 flollowing:
FINDIN(;S 0F FA('T
l. The property is currently zoned Single Family Residential District (RSF) and located within
the Shoreland Management Overlal' District.
2. The prope(y is guided in the Chanhassen Comprehensive Plan for Residential Low Densitl .
3. The prope(y legal description as described in Exlibit A
4. Variance Findinss - Section 20-58 ofthe Ci ty Code provides the follou,ing criteria lor the
granling of a variance
a Variances shall only'be permitted when thel'are in harmony with the general purposes
and intent ofthis Chapter and rvhen the variances are consistent with the Comprehensive
Plan.
Finding: The variance is in harmony wilh the general purposes and intent of the chapter,
as well as the comprehensive plan.
b. When there are praotical difficulties in complf ing with the zoning ordinance. "Practical
difficulties" as used in connection q'ith the granting ofa variance. means thal the properrl
o\\Trer proposes to use the property in a reasonable manner not permitted by this Chapter.
Practical difficulties include, but are not limited to, inadequate access to direct sunlighl
for solar energv s)'stems.
Finding: The requested variance has practical dificulty in complying with the zoning
ordinance due to the slope of the property and the resulting layout of the home and the
driveway on the property. The property owner is proposing a reasonable use of the
property lhat requires a variance for fence installation.
c That the purpose of the variation is not based upon economic considerations alone.
Finding: The variotion is not based on economic considerations alone.
d. The plight ofthe landowner is due to circumstances unique to the property not created b-v
the landowner.
Finding: The plight of the landowner is due to circumstdnce to the property created by
the slope on the property, and the subsequent locotion ofthe driveway and the home on
the property buill in 1967, not created by the property owner.
'I'he variance, ifgranted, rvill not alter the essential cha.racter ofthe locality.c
Finding: The variance, if granted, would not aller the essential character of the locality
ds rhe front-yard is only considered such due to the unique location ofthe driveway and
otherwise complies with municipal code.
1-. Variances shall be granted for earth-sheltered construction as defined in Minnesota
Statutes Section 216C.06, subdivision 14, u'hen in harmonl' u'ith this Chapter.
Finding: The proposed is not an earth-sheltered construction and therefore not
applicable.
The staffreporl #2026-09 dated June 30,2026, prepared b1'Gwendolyn Kelle.v is
incorporated herein.
The Planning Commission approves the requested variance for a front yard setback, subject to
the conditions of the staff report.
ADOPTED b1'the Chanhassen Planning Commission this 76 da1'of .TuI1 2026.
CHANHASSI,PI-(i C.0N,,IMISSI0N
BY:
l
Its Chairperson
I)ECISION
Exhibit A
I-ot 2l and 22, Block I of the Colonial Grove at Lotus Lake Plat