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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
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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.
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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
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