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Findings of Fact SignedDocuSign Envelope lD: il4F 1 5D0E-EFBB-48&r-BBDE-EC2C4AgC3O09 CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA FINDINGS OF FACT AND DECISION (APPROVAL) IN RE: Application ofRyan Johnson wetland buffer variance for the construction of sunroom on a property zoned Single Family residential Disrict (RSF) - Planning Case 2022-15. On November l, 2022, the Chanhassen Planning Commission, acting as the Board ofAppeals and Adjustments, met at 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: FINDINGS OF 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. The legal description ofthe property is: Tract A, Registered land Survey No. 18, Carver County, Minnesota, Also: An undivided one-third ofTract D, Registered Iand Survey No. 18. 3. Variance Findines - Section 20-58 of the 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 intent of this Chapter and when the variances are consistent with the Comprehensive Plan. Finding: It is the intent of the City Code and Comprehensive plan to protect the Cily's water resources. For this reason buffers and setbacks are required fiom wetlands. In this case, previous owners have filled and degraded significant portions of the property's wetland and no buffer is currently present. The applicant is proposing to reestablish a significant portion amount wetland and install a buffer meeting the City's minimum standards in order to offset the impacts of the requested wetland buffer variance. Additionally, the proposed increase in lot cover is would be permitted under the City Code in a location even closer to the wetland, were the applicant to create a free standing greenhouse rather than an attached sunroom. Given the above, the requested variance represents an improvement to the existing conditions and allows a level of impact the wetlands comparable or less than what applicant would be entitled to without a variance. For these reasons, granting the requested variance is in line with the intent of the zoning code and policies ofthe Comprehensive Plan. I a OocnSign Envelope lO:,14F1 5Do&EFBB-4Br+BBDE-EC2elA9C3D09 b. when there are practical difficulties in complying with the zoning ordinance. "Practical difhculties" as used in connection with the granting of a variance, means that the property owner 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 sunlight for solar energy systems. Finding: The buffer and setback requirements associated with a preserve class wetland prevent the applicant from constructing any additions to the southern portion of the home. these constraints prevent the property owners from adding typical improvements such as a deck or porch to their nonconforming home which is significantly smaller than the neighboring residences. c. That the purpose of the variation is not based upon economic considerations alone. Finding: The variance request is not solely based upon economic considerations. d. The plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The property was platted in l96l and the home was built in 1963. Both the plat and home piedate the City's zoning ordinance and wetland protection standards. For this reason, the loiis configured in a way that would not permitted under the current zoning code and the home located in a place that would not be permitted by the current zoning code. The landowner's plight is due to the nonconforming nature ofthe property and the preserve wetland located on the Property. e. The variance, if granted, will not alter the essential character of the locality. Finding: The applicant has no rear neighbors and the location of the other surrounding homes means that thet view should not be impacted by the proposed porch. Additionally' the additional will be over 200 feet from the lake's ordinary high water level (OHWL) and would not be expected to impact the view or experience ofrecreationists utilZing the lake. Finally, the applicant's home is significantly smaller than the surrounding structures and a modest increase to its footprint would not impact the character ofthe neighborhood. Regarding the environmental impacts, the wetland restoration and buffer that are part of the project will represent a net improvement to the area's existing conditions. These features will L"lp pr"r"rue the function of the preserve wetland bordering the lake, as well as the health of the-lake itself. Restoring the wetland will help preserve the essential character oflocality. f. Variances shall be granted for earth-sheltered construction as defrned in Minnesota Statutes Section 216C.06, subdivision 14, when in harmony with this Chapter. Finding: This does not apply to this request. 4. The planning rep ort #2022'15, dated November 1,2022, prepared by Olivia Adomabea, et al. is incorporated herein. 2 Docusign Envelop€ lD:,14F15D08-EFBB-48I4-8BDE-EC2C4A9C3D09 DECISION The Planning Commission approves a variance for a l0-foot averaged wetland buffer and a 9-foot rear yard setback variance for the constnrction ofan addition, subject to the conditions ofapproval, subject to the Conditions ofApproval. I . The delineated wetland edge and required wetland buffer and stnrcture setbacks shall be shown on the buitding permit survey. 2. A permanent l0-foot native vegetated buffer with permanent buffer signs must be installed as outlined in the variance exhibit submitted by the applicant. The buffer may be configured around the path and stairs. The buffer design and vegetation must be approved by the water resources engineer and installed in conjunction with the proposed home addition project. 3. A wetland buffer agreement describing the precise location and extent ofthe buffer strip, as well as the restrictions for activities within the buffer strip, shall be signed by the property owner and the city and shall be recorded against the property at the county recorder's office. The property owner shall be responsible for all costs and fees associated with the buffer strip dedication. 4. The installation of any improvements on the Site shall meet all applicable jurisdictional requirements, including but not limited to the Minnesota Deparfinent of Natural Resources and the Riley Purgatory BluffCreek Watershed District, and all applicable permits shall be obtained prior to any site improvements. 5. The applicant shall obtain all required permits from review agencies with jurisdictional authority. ADOPTED by the Chanhassen Planning Commission this lst day of November,2022. CITY OF CHANHASSEN BY: Mark von Oven, Planning Commission Chairman J Ht*t*Otq