PC Staff ReportPlanning Commission Item
November 1, 2022
Item 695 Pleasant View Road: Consider a Request for a Variance from Wetland
Buffer Standards
File No.Planning Case 2022-15 Item No: B.1
Agenda Section PUBLIC HEARINGS
Prepared By MacKenzie Young-Walters, Associate Planner
Applicant Applicant/Owner: Ryan Johnson
Present Zoning Single Family Residential District (RSF)
Land Use Residential Low Density
Acerage .65
Density NA
Applicable
Regulations
Section 20-406, Wetland Buffer Strips and Setbacks.
Section 20-411, Placement of Structures.
Section 20-615, Lot Requirements and Setbacks.
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article XII, “RSF” Single-Family Residential District
SUGGESTED ACTION
"The Chanhassen Planning Commission approves a 10-foot averaged wetland buffer for the
construction of a sunroom, subject to the conditions of approval, and adopts the attached findings of
fact and decision."
SUMMARY
The applicant is requesting a variance to permit a 10-foot averaged wetland buffer in order to facilitate
the construction of a 210 square-foot sunroom. The applicant is proposing to restore a significant
amount of wetland and provide a buffer where no buffer is currently present in order to offset the
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impact of the requested variance. Granting this variance would also remove the nonconforming status of
the existing home by brining it and the proposed addition into compliance with the required 40-foot
primary structure wetland setback.
BACKGROUND
Country records indicate that the house was constructed in 1963.
On June 11, 2001, the City vacated a portion of the roadway easement adjoining the property and
designated the front lot line as the east property line, the rear lot line as the west property line and the
north and south lot lines as side lot line.
On July 3, 2001, the City issued a permit for a detached garage.
On October 22, 2015, the City issued a demolition permit for a pool (pool appears on 1969 aerial photos
and predates zoning code).
Numerous other permits for interior maintenance and improvements are on file.
The previous owners of the property filled the wetland up and portions of it have been restored by the
Johnsons (current homeowners).
DISCUSSION
The applicant is requesting a variance to permit the use of a 10-foot averaged buffer strip instead of the
required 40-foot minimum buffer requirement to allow an addition of 11’ x 20’ sunroom on a lot zoned
Single-Family Residential. The house was built in 1963 and predates the 1972 adoption of the zoning
ordinance. The current home is within the 40-foot primary structure setback requirement from the
required wetland buffer. The applicant has stated that enforcement of the buffer requirement would
create practical difficulties and impose unnecessary burdens on them as it would prevent any additions
to the south side of their home. The applicant feels that the presence of a preserve class wetland over the
southern portion of the property and nonconforming location of the home create a practical difficulty
which necessitates the requested variance. They have noted that a shed or other accessory structure of
the same size and located in virtually the same spot as the project would comply with the City’s 20-foot
accessory structure wetland buffer setback requirement for accessory structures (Section 20-411(b)) and
could be built. The applicant believes that the size of the sunroom they are proposing is reasonable and
notes that their home is significantly smaller than the neighboring houses.
It has been the City’s general practice to require properties with existing nonconforming wetland
setbacks to maintain those setbacks and not encroach further into the required wetland setback and the
applicant’s proposed sunroom would be intensifying an existing nonconformity. This case is unique in
that the Johnsons are proposing restoring a wetland that was removed by previous owners and to
establish a buffer where no buffer is currently present. The applicant’s proposed wetland restoration and
10-foot averaged buffer will result in 5,218 square feet of restored wetland and 1,220 square feet of new
buffer. Since the total of 6,438 square feet of restored wetland and established buffer are significantly
more than the 4,732 square feet of buffer that would be required under ordinance, staff believes that
granting the requested variance for a 10-foot averaged buffer will actually result in a superior result for
the City. The requested variance will also result in the home no longer being a nonconforming structure,
which will mean that future modest improvements would not require variances. For these reasons, staff
supports the requested variance.
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A full discussion can be found in the attached staff report.
RECOMMENDATION
Staff recommends that the Planning Commission approve the requested 10-foot averaged wetland buffer
and adopt the attached findings of fact and decision, subject to the following conditions of approval:
1. The delineated wetland edge and required wetland buffer and structure setbacks shall be shown on
the building permit survey.
2. A permanent 10-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 of the 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 Department of Natural Resources and the
Riley Purgatory Bluff Creek 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.
ATTACHMENTS
Staff Report
Findings of Fact and Decision
Variance
Application for Development Review
Narrative
695 Pleasant View Survey
Wetland Buffer & Wetland Enhancement Map
WRE Memo
Affidavit of Mailing
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CITY OF CHANHASSEN
PC DATE:November 1, 2022
CC DATE: November 28, 2022
REVIEW DEADLINE:
November 29, 2022
CASE #:PC 2022-15
BY: OA
SUMMARY OF REQUEST:
The applicant is requesting a 30-foot wetland buffer variance and the use of buffer averaging to
allow the addition of a sunroom. The home is a nonconforming structure as it is located within
the 40-foot primary structure wetland buffer setback. Granting the requested variance would also
remove the home’s nonconforming status and allow the addition of the sunroom.
LOCATION:695 Pleasant View Road
APPLICANT: Ryan Steve Johnson
695 Pleasant View Road
Chanhassen, MN 55317
PRESENT ZONING:“RSF” -Single-
Family Residential District
2040 LAND USE PLAN: Residential
Low Density
ACREAGE:.65 acres
DENSITY: NA
LEVEL OF CITY DISCRETION IN
DECISION-MAKING:
The City’s discretion in approving or denying a variance is limited to whether or not the
proposed project meets the standards in the Zoning Ordinance for a variance. The City has a
relatively high level of discretion with a variance because the applicant is seeking a deviation
from established standards. This is a quasi-judicial decision.
Notice of this public hearing has been mailed to all property owners within 500 feet.
PROPOSED MOTION:
“The Chanhassen Planning Commission as the Board of Adjustment and Appeals approves a
variance for a 10-foot averaged wetland buffer for the construction of an addition, subject to
the conditions of approval, and adopts the findings of fact and decision.”
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395 Red Cedar Point Road
November 1, 2022
Page 2 of 7
PROPOSAL/SUMMARY
The applicant is requesting a variance to permit the use of a 10-foot averaged buffer strip instead
of the required 40-foot minimum buffer requirement to allow an addition of a 11’ x 20’ sunroom
on a lot zoned Single-Family Residential. The house was built in 1963 and predates the 1972
adoption of the zoning ordinance. The current home is within the 40-foot primary structure setback
requirement for the wetland buffer. The applicant has stated that enforcement of the buffer
requirement would create practical difficulties and impose unnecessary burdens on them as it
would prevent any additions to the south side of their home. The applicant feels that the presence
of a preserve class wetland over the southern portion of the property and the nonconforming
location of the home create a practical difficulty which necessitates the requested variance. They
have noted that a shed or other accessory structure of the same size and located in virtually the
same spot as the project would comply with the City’s 20-foot accessory structure wetland buffer
setback requirement for accessory structures (Section 20-411(b)) and could be built. The
applicant believes that the size of the sunroom they are proposing is reasonable and notes that
their home is significantly smaller than that of the neighboring houses.
It has been the City’s general practice to require properties with existing nonconforming wetland
setbacks to maintain those setbacks and not encroach further into the required wetland setback
and the applicant’s proposed sunroom would be intensifying an existing nonconformity. This
case is unique in that the Johnsons are proposing restoring a wetland that was removed by
previous owners and will establish a buffer where no buffer is currently present. The applicant’s
proposed wetland restoration and 10-foot averaged buffer will result in 5,218 square feet of
restored wetland and 1,220 square feet of new buffer. Since the total of 6,438 square feet of
restored wetland and established buffer are significantly more than the 4,732 square feet of
buffer that could be required under ordinance, staff believes that granting the requested variance
for a 10-foot averaged buffer will actually result in a superior result for the City. The requested
variance will also result in the home no longer being a nonconforming structure, which will
mean that future modest improvements would not require variances. For these reasons, staff
supports the requested variance.
APPLICABLE REGUATIONS
Section 20-406, Wetland Buffer Strips and Setbacks.
Section 20-411, Placement of Structures.
Section 20-615, Lot Requirements and Setbacks.
Chapter 20, Article II, Division 3. Variances
Chapter 20, Article XII, “RSF” Single-Family Residential District
BACKGROUND
Country records indicate that the house was constructed in 1963.
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395 Red Cedar Point Road
November 1, 2022
Page 3 of 7
On June 11, 2001, the City vacated a portion of the roadway easement adjoining the property and
designated the front lot line as the east property line, the rear lot line as the west property line and
the north and south lot lines as side lot line.
On July 3, 2001, the City issued a permit for a detached garage.
On October 22, 2015, the City issued a demolition permit for a pool (pool appears on 1969 aerial
photos and predates zoning code).
Numerous other permits for interior maintenance and improvements are on file.
The previous owners of the property filled the wetland up and portions of it have been restored by
the Johnsons (current homeowners).
SITE CONSTRAINTS
Bluff Creek Corridor
This is not encumbered by the Bluff Creek Overlay District.
Bluff Protection
There are no bluffs on the property.
Floodplain Overlay
Portions of the southern edges of the property are within the FEMA Flood Zone; however, no
portion of the proposed project will take place within the area.
Shoreland Management
The property is located within a Shoreland Protection District and has Lake Frontage along the
southern lot line. This district requires a 75-foot structure setback from the lake’s ordinary high-
water level and limits the property to a maximum impervious surface coverage of 25 percent. It
also requires 90 feet of lot width and a minimum 20,000 square feet of lot area.
Wetland Protection
There is a wetland on the property classified by the city as Preserve, which requires a 40-foot
buffer and 40-foot wetland buffer setback. These are the highest value wetlands within the city
and state area. They place a critical role in the protection of local water quality, wildlife habitat,
and biodiversity. Even small impacts to Preserve Wetlands can have significant impacts to the
health of our water resource communities. It is difficult to impossible to replace any lost function
in Preserve Wetlands.
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395 Red Cedar Point Road
November 1, 2022
Page 4 of 7
The effectiveness of wetland buffers is directly connected to their width. The city buffer
requirement for Preserve Wetlands is 40 feet. A reduced buffer could affect the function and
health of this Preserve Wetland, and may have downstream impacts on Lotus Lake. The
proposed development will not alter this wetland, but will rather restore some portion of lost
wetlands; however, the wetland buffer requirements are not being met and a variance is required.
Wetland
Classification
Principal
Structure
Setback from
Buffer Edge
(feet)
Accessory
Structure
Setback from
Buffer Edge
(feet)
Permanent
Buffer
Strip Minimum
Width (feet)
Percent of
Buffer
Strip in Native
Vegetation
Preserve 40 20 40 100%
NEIGHBORHOOD
The plat for this area was recorded in September of 1961. The immediate neighborhood is
atypical in that access is provided to homes via a private drive partially overtop a communally
owned outlot that was previously unutilized City right-of-way. Most of these homes in the
immediate area are newer construction that meet the requirements of the City’s zoning code;
however, the subject home is original to the development and nonconforming. The larger
neighborhood is a mix of older and newer homes with most homes appearing to meet the
requirements of the zoning code, though some structures are nonconforming.
Variances within 500 feet:
Case #Address Requested Issued Approved/Denied
2022-06 6430 Fox Path 4’ side yard
setback (garage
and house
expansion))
Approved 5’
with additional
18" for eave
Approved
2008-15 640 Pleasant View Rd.10' dock setback
(dock)
Replace dock
that will cross
10' setback from
extended
property lines.
Approved
2006-20 610 Pleasant View Rd.Denied
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395 Red Cedar Point Road
November 1, 2022
Page 5 of 7
Exemption from
min lot size for
second dock
1995-03 650 Pleasant View Rd.5' variance from
10' side yard
(additional
garage stall)-
Denied
ANALYSIS
Wetland Setback:
The City’s wetland ordinance establishes a 40-foot primary structure setback and 40-foot
wetland buffer for preserve wetlands in order to maintain water quality, serve to reduce flooding
and erosion, and act as sources of food and habitat for a variety of fish and wildlife which are an
integral part of the community's natural landscape.Due to the important role that the setback and
buffer play in protecting the quality of the City’s water resources and the potential for variances
from these standards to impact the City’s water resources, the City has historically been very
hesitant to grant wetland setback and buffer variances. When these properties with existing
nonconforming wetland setbacks apply for variances to expand, staff has typically recommended
that the expansion be required to maintain the existing wetland setback.
In this case, the existing home does not meet the required 40-foot primary structure wetland
buffer setback and is a nonconforming structure. The applicant is proposing to intensify this
nonconformity by constructing a 11’x 20’ sunroom addition to their home. In order to do this,
they are proposing restoring the wetland and creating a 10-foot averaged buffer. Granting this
proposed variance would remove the property’s nonconforming status as both the exiting home
and proposed addition would meet then the required 40-foot setback from the proposed wetland
buffer.
One of the findings necessary for granting a variance is that variances shall only be permitted
when they are in harmony with the general purposes and intent of the Chapter and when the
variances are consistent with the Comprehensive Plan. Chapter 20, Article 20-VI (Wetland
Protection) under Sec 20-401(a) of the City’s Code which looks at findings; intent; rules adopted
by reference states that “It is the intent of the city to promote the restoration of degraded
wetlands”. The applicant has agreed to restore approximately 2,649 square feet of wetlands with
native vegetation in addition the 2,569 square feet of native wetland vegetation that they have
previously restored. They have agreed to maintain this area as vegetated wetland and the
applicant has also agreed to install 1,220 square feet of wetland buffer. If the requested variance
is approved, it will result to the restoration of approximately 5,218 square feet of wetlands and
the addition of 1,220 square feet of wetland buffer. The applicant is doing this in exchange for a
reduction of the required wetland buffer by approximately 3,152 square feet (i.e. the ratio of
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395 Red Cedar Point Road
November 1, 2022
Page 6 of 7
restored wetlands to decreased buffer is 1.65:1). From an ecological perspective, wetland
restoration is often view more valuable than the buffer, which after all is only required to protect
the wetland. It should also be noted that there is currently no buffer present on the property so
the applicant’s proposed 10-foot averaged wetland buffer is an improvement to the existing
conditions.
Another findings necessary for granting a variance is when there are practical difficulties in
complying with the zoning ordinance. The practical difficulty is created by the existing home’s
location in relation to the wetland. As earlier mentioned, the building was built in 1963 and
predates the 1972 adoption of the zoning ordinance. Granting the requested variance will remove
the existing nonconformity by bringing the home into line with the required principal structure
wetland setback, since the requested a 10-foot average wetland buffer will allow the house to
meet the 40-foot building setback. It should be noted that the applicant can currently build a shed
or other accessory structure of the same size, located in a similar spot to the project which will be
in compliance with City’s 20-foot wetland buffer setback requirement for accessory structures.
The proposed addition is reasonable as sunrooms are typical feature of homes and existing home
is of relatively modest size with 2,208 square feet of living area. As point of comparison the
surrounding homes are 4,402 square feet (675 Pleasant View Road), 3,842 square feet (665
Pleasant View Road), 3,350 square (745 Pleasant View Road), and 4,497 square feet (735
Pleasant View Road). Even after the proposed 220 square foot addition the home will be
significantly smaller than the other homes in the neighborhood.
Finally, another finding necessary for granting a variance is that the variance, if granted, will not
alter the essential character of the locality. The project involves significant wetlands restoration,
which will benefit Lotus Lake and the adjacent wetland area in a manner that advances the city’s
comprehensive plan and wetland management policy, and enhances the natural character of the
area. The addition of rear sunroom would not be expected to impact neighboring properties.
Again, the applicant’s home is of modest in size and will remain so at completion of the project.
There is no reason to believe that a small addition on the rear of the property would negatively
impact surrounding properties.
Given the modest nature of the proposed addition and proposed improvements to the property’s
wetland, staff believes that approving the requested variance represents an appropriate balance
between protecting the City’s water resources and allowing the applicant reasonable use of their
property. For the reasons stated above, staff supports the proposed variance.
RECOMMENDATION
Staff recommends the Planning Commission, acting as the Board of Appeals and Adjustments,
approve a ten-foot averaged wetland buffer for the construction of a sunroom and adopt the
attached Findings of Facts and Decision, subject to the following conditions:
1. The delineated wetland edge and required wetland buffer and structure setbacks shall be
shown on the building permit survey.
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395 Red Cedar Point Road
November 1, 2022
Page 7 of 7
2. A permanent 10-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 of the 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 Department of Natural
Resources and the Riley Purgatory Bluff Creek 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.
ATTACHMENTS
1. Findings of Fact and Decision
2. Variance Document
3. Development Review Application
4. Applicant’s Narrative
5. Certificate of Survey
6. Wetland Restoration Plans
7. WRE Memo
8. Affidavit of Mailing
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
(APPROVAL)
IN RE:
Application of Ryan Johnson wetland buffer variance for the construction of sunroom on a property
zoned Single Family residential District (RSF) – Planning Case 2022-15.
On November 1, 2022, the Chanhassen Planning Commission, acting as the Board of Appeals 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
1. 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 of the property is:
Lot 5, Block 4, Red Cedar Point Lake Minnewashta
3. Variance Findings – Section 20-58 of the City Code provides the following criteria for the
granting of a variance:
a. 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 City’s water
resources. For this reason buffers and setbacks are required from 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 of the Comprehensive Plan.
b.When there are practical difficulties in complying with the zoning ordinance. "Practical
difficulties" 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.
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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 1961 and the home was built in 1963. Both the plat and
home predate the City’s zoning ordinance and wetland protection standards. For this reason,
the lot is 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 of the 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 their 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 of recreationists utilizing 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 of the 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
help preserve 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 of locality.
f. Variances shall be granted for earth-sheltered construction as defined 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 report #2022-15, dated November 1, 2022, prepared by Olivia Adomabea,
et al. is incorporated herein.
DECISION
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The Planning Commission approves a variance for a 10-foot averaged wetland buffer for the
construction of an addition, subject to the conditions of approval, subject to the Conditions of
Approval.
1. The delineated wetland edge and required wetland buffer and structure setbacks shall be
shown on the building permit survey.
2. A permanent 10-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 of the 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 Department of Natural Resources
and the Riley Purgatory Bluff Creek 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 1st day of November, 2022.
CITY OF CHANHASSEN
BY:
Its:
g:\plan\2022 planning cases\22-15 695 pleasant view rd\findings of fact and decision 695 pleasant view road.docx
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1
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
VARIANCE 2022-15
1. Permit. Subject to the terms and conditions set forth herein, the City of Chanhassen hereby
grants the following variance:
The Chanhassen Board of Appeals and Adjustments approves a variance for a 10-foot
averaged wetland buffer for the construction of an addition, subject to the conditions of
approval, subject to the Conditions of Approval.
2. Property. The variance is for a property situated in the City of Chanhassen, Carver County,
Minnesota, and legally described as:
Tract A, Registered Land Survey No. 18, Carver County, Minnesota,
Also:
An undivided one-third of Tract D, Registered Land Survey No. 18.
3. Conditions.The variance approval is subject to the following conditions:
1. The delineated wetland edge and required wetland buffer and structure setbacks shall be
shown on the building permit survey.
2. A permanent 10-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 of the 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
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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 Department of Natural
Resources and the Riley Purgatory Bluff Creek 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.
4. Lapse. If within one (1) year of the issuance of this variance the allowed construction has not
been substantially completed, this variance shall lapse.
Approved by Planning Commission: November 1, 2022
CITY OF CHANHASSEN
BY:
Elise Ryan, Mayor
(SEAL)
AND:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
(ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of ,
2022 by Elise Ryan, Mayor, and Laurie Hokkanen, City Manager, of the City of Chanhassen, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to authority granted by
its City Council.
NOTARY PUBLIC
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
(952) 227-1100
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Memorandum
To:Olivia Adomabea, Community Development Intern
From:Joe Seidl, Water Resources Engineer
CC: Charles Howley, Public Works Director/City Engineer
George Bender, Assistant City Engineer
Erik Henricksen, Project Engineer
Date:10/20/2022
Re:Variance Review at 695 Pleasant View Rd – Planning Case #2022-
15
Water Resources has reviewed the variance submittal for 695 Pleasant View Rd. These
comments are divided into two categories: general comments and proposed conditions.
General comments are informational points to guide the applicant in the proper planning for
this project, to inform the applicant of possible extraordinary issues and/or to provide the basis
for findings. Proposed conditions are requirements that Water Resources recommends be
formally imposed on the application in the final order. Note that references to the “City
Standards” herein refer to the City of Chanhassen Standard Specifications and Detail Plates.
General Comments/Findings
1. Any and all plans submitted with this application have been reviewed only for the purpose
of determining the feasibility of the project and that the proposal is in accordance with City
Codes and Standards. A recommendation of variance approval does not constitute final
approval of plans and/or details. The applicant is required to submit detailed construction
drawings for the project, as applicable.
2.The applicant is requesting a variance from the 40 feet buffer requirement defined in
Chanhassen Code, Section 20-411 to facilitate the construction of a small addition to the
home approximately 220 square feet in size. The setback variance for a wetland buffer with
a preserve classification is 40 feet
3. The existing home extends into the wetland setback area by approximately 10 feet on the
west side of the property. The proposed addition would extend the home footprint another
11 feet to the south resulting in a wetland setback of approximately 19 feet to the 40 foot
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buffer. The project site is located on the north shoreline of Lotus Lake. The wetland on the
property acts to filter and absorb nutrients and pollutants before they enter the Lake.
4. Shoreland wetlands are critical to the health of lake ecosystems and have numerous
benefits including shoreline protection, habituate enhancement, water quality
improvement, and flood abatement.
5. The home was constructed in 1963 before the City of Chanhassen adopted city ordinance to
create permanent buffer strips with new developments starting in May 2007. The City of
Chanhassen’s Local Surface Water Management Plan and City Ordinance outline the
process to create permanent buffer strips for older, non-conforming lots.
The City of Chanhassen’s Local Surface Water Management Plan Policy 2.14 reads:
“Protect shorelands and water resources. All properties are required to have native
vegetated buffer adjacent to wetlands, storm ponds, and water resources. Non-
conforming properties, and lots of record shall be brought into compliance when
applying for permits or variances to improve the property. Non-conforming buffers
should attempt to meet regulatory requirements whenever possible. The minimum non-
conforming buffer width shall be 10’.”
City Ordinance - Shoreland Management District Section 20-490 of states:
In evaluating all variances, zoning and building permit applications, or conditional use
requests, the zoning authority shall require the property owner to address, when
appropriate, stormwater runoff management, reducing impervious surfaces, increasing
setback, restoration of wetlands, vegetative buffers, sewage treatment and water
supply capabilities, and other conservation-designed actions.
6. A wetland delineation was completed by the applicant and approved on September 20
th,
2022. The Wetland Buffer and Wetland Enhancement Map exhibit created by the applicant
shows the wetland location and the proposed buffer areas.
7. The buffer plan proposed by the applicant conforms with City Code for a non-conforming
lot. The area of the proposed buffer is approximately 1,220 square feet and the parcel
length is approximately 86 feet resulting in an averaged buffer strip of 14 feet. As part of
the project the applicant has agreed to reestablish the wetland area which was previously
managed as turfgrass by the previous owner. The applicant has already intentionally
restored approximately 2,600 square feet of managed turf in the wetland to native
vegetation.
27
8. City code outlines the wetland buffer agreement required for non-conforming lots. The
buffer agreement describes the precise location and extent of the buffer strip, as well as the
restrictions for activities within the buffer strip. The agreement shall be signed by the
property owner and the city and shall be recorded against the property at the county
recorder's office.
9. The water resources department supports the variance request. The proposed variance
request would create a structure setback of approximately 59 feet from the wetland
boundary, and about 56 feet from the edge of the buffer. The project would reestablish the
wetland on the property and create/memorialize the adjacent buffer strips acting to
improve and protect the downstream water resources. The impact of the small home
addition would be offset by the wetland and buffer areas created. More information is
needed to confirm the native vegetation types to be planted as part of the project. See
condition 1. The buffer strip shall be memorialized with an agreement as outlined in City
Code section 20-411. See condition 2. Lastly, any and all improvements on the Site must
meet applicable jurisdictional requirements. See proposed condition 3.
Proposed Conditions
1. A permanent 10 - 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.
2. A wetland buffer agreement describing the precise location and extent of the 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.
3. The installation of any improvements on the Site shall meet all applicable jurisdictional
requirements, including but not limited to the Minnesota Department of Natural
Resources and the Riley Purgatory Bluff Creek Watershed District, and all applicable
permits shall be obtained prior to any site improvements.
28
29
CITY OF CHANHASSEN
STATE OF MINNESOTA)
) ss.
COLTNTY OF CARVER )
I, Kim T. Meuwissen, being first duly swom, on oath deposes that she is and was on
October 20,2022, the duly qualified and acting City Clerk of the City ofChanhassen,
Minnesota; that on said date she caused to be mailed a copy ofthe attached notice to Consider a
request for a variance to construct i sunroom/greenhouse addition on property located at
695 Pteasant View Road Zoned Single-Family Residentiat @S$. ApplicanUOwner: Ryan
Johnson.
to the persons named on attached Exhibit "A", by enclosing a copy of said notice in an envelope
addressed to such owner, and depositing the envelopes addressed to all such owners in the
United States mail with postage fully prepaid thereon; that the names and addresses of such
owners were those appearing as such by the records ofthe County Treasurer, Carver County,
Minnesota, and by other appropriate records.
lm M ,C Clerk
Subscribed and swom to before me
this Z0 day ot hC10h,,.,2022.
JENNIFER ANN POTTER
Notary Public-Minnesota
My Commi$bo Erdr.6 J.n 3t, 2027
t
iotary Public
AFFIDAVIT OF MAILING NOTICE
30
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Subiect
Parcel
Dlsclaimsr
This map is neather a legally recorded map nor a suNey and is not intended to be used
as one. This map is a compilation of Gcords, infornation and data located in vadous cjty,
county, strate and fedeEl offces and other sources regarding the area shown, and is to
be used for refe.ence purposes only. The City does not wanant that the GeogEphic
lnformation System (GlS) Data used to prepare this map are enor free, and the City does
not rcpresenl that the GIS Data can be used for navigational, tracking or any other
purpose requiring exactlng measurement of distance ol directon or precision in the
depiction of geooraphic features. The preceding disclaimer is povided puBuanl lo
Minnesol,a Statdes y66 03. Subd. 21 (2000), and the user of this map ackno/ledges
that the City shall not be liable fo. any damages, and expressly vraives all claims, and
agrees lo deiend, indemniry, and hold harmless the City from any and all daims brought
by Ljser, its employees d agents. o. third parties whidl aise out of the use/s access or
use of data provided
(Next Record D(TAX_NAME),
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DLsclaimel
This mep as neither a legally recotded map nor a survey and is not intended to te used
as one. This map as a @mpilatron ol records, infomation and datra located in various city,
county, state and federal oftces and other sources regading the area shown, and is lo
be used for reference purposes only. The City does not wanant that the Geog€phic
lnformation System (GlS) Data used to prepare this map are eror free, and lhe City does
not represent that lhe GIS Data can be used for navigational, facling or any other
purpose requiring exacijng measurement of distance o. direction or precision in lhe
dedction of geographic features. The preceding dasdaimer is provided pursuant lo
Minnesotra Statutes 5466.03, Subd. 21 (2000). and the user of this map ackno^/ledges
thal the City shall not be liable for any damages, and expressly waives all claims. and
agrees to deiend. indemnify. and hold harmless the CiV lrom any and all claims broughl
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