6871 Nez Perce variance FOF signedCITY OF (]HANHASSEN
CARVER AND I{ENNEPIN COL]NTIES, MINNESOTA
FINDIN(;S OF FACT
AND DECISION
IN RE
Application of Carole Sullivan lor a liont setback variance on a property zoned Single Family
Rcsidcntial District (RSF) - Planning Case 2026-12.
On Scpternbcr l5'h, the flhanhassen Planning Commission, aclirrg as the Board ofAppeals and
Adjustments, met al its regularly scheduled meeting to consider the application. The Planning
(bmmission conductcd a public hearing on lhe proposcd variance preccded by publishcd and
rnailetl notice. The Board of Appeals and Adjustments makes the follorving:
FINDINGS OIT FACT
l. The property is currently 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 described in Exhibit A.
4. Variance Findinqs - Section 20-58 of the Cit y C'ode provides the fbllowing criteria lbr thc
granting of a variance
Variances shall only be permitted when they are in harmony with the general purposes
and intent of this Chapter and when lhe variances are consistent witlr the Comprehensive
Plan.
a
Finding: The variance is in harmonv u,ith the general purposes and inlent of thc chapter,
as v,ell as the comprehensive plan.
Finding: The requested variance has practi(al di/ficultt' in conrltll,ing with thc zoning
ordinante due to the position of the home on lhe property nol coused by thc current
propert.l own?r. The properly ou'ner is proposing a reasonuble use o/'the pt opct'O' thut
require.t a ruriant t for a)nstru(lion.
b. When there are practical dit'ficulties in complying rvith the zoning ordinance. "Practical
difficulties" as used in connection rvith the granting of a variance. means lhat the property
owner proposes to use the property in a reasonable manner not permitted by this Chapter.
Practical difficultres include. but are not linrited to. inadequate access to direct sunlight
1'or solar energy systems.
c
c
That the purposc of the variation is not based upon econornic considerations alone
Finding: Thc voriatiott is not based on economic considcrations alonc
d. The plight ofthe landowner is due to circumstancos unique to the propcrty not created by
the landowner.
Finding: The plight ofthe landowner is due to tha unique placement of the home on the
pt operty, not treated h1' lhe lundovner.
Thc variancc. ifgranted. u'ill not altcr the esscntial character ofthe locality.
Finding: Thc variance, i/ granted, would not altcr the essential charac'tt'r of the locolity
as lhis is o reasonable size deck on the batk ol an exisling home.
f. \'ariances shall be granted lbr earth-sheltered construclion as deflned in Minnesota
Statutcs Section 2l 6C.06, subdivision 14, r,r.hen in harmony with this Clhaptcr.
Finding: Thc proposed is not an earth-shehered rcnstruction and therefore not
applicable.
The Planning Commission approves the requested variance for a tiont yard setback subject to the
conditions of the staff report.
ADOPTED by the Chanhassen Planning Commission this l5rh day of Septernber 2026
(.HANHA trN LANNING COI\4MISSION
IJY
Its Chairman
5 The planning reporr #2026-12 dated September 9, 2026, prepared by Rachel
Arsenaull is incorporated herein.
I)ECISION
Uxhibit.\
Lots I 85 5- l 859 and lots I 874- l 877 Carver-Beach, according to the recorded plat thereol. Carver
Clounty, Minnesota.