Signed Findings of Fact 3732 Hickory RoadCITY OF CHANHASSEN
CARVER AND HENNEPIN COLINTIES, MINNESOTA
FINDINGS OF FACT
AND DECISION
IN RE:
Application of Everson Architects LLC on behalf of Holly Brink and Lyman Brink Jr. for side yard
,.ibr.k, of eight feet on the east and 7 .9 feet on the west, and 7 .9 feet for the 3'd story stairway
addition, u ,*iun.. for a roof over the walkway to permit a 4.9 feet setback, lot cover of 2l .3
percent which is a slight reduction in the existing nonconforming lot coverage from 28.4 percent to
)7 3 p"r""nt to allow the construction of a single-family home on a property zoned Single Family
Residential District (RSF) - Planning Case2023-15.
On July 18th, the Chanhassen Planning Commission, acting as the Board of Appeals and
Adjustments, met at its regularly scheduled meeting to consider the application. The Planning
Cohmission conducted alub[c 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:
Lot26,Red Cedar Point Lake Minnewashta, carver county, Minnesota'
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 Chaptlr and when the variances are consistent with the Comprehensive Plan'
Finding: Granting the requested the variance for side yard setbacks (eight feet east, 7.9 feet
west, aid 4.9 feet for the walkway canopy, lot cover of 27.3 percent to allow the construction
of a single-family home on a property guided for this use by the Comprehensive Plan. The
p.opo..-d front yard setback will itill allow for an adequate front yard and a driveway capable
of providing off-street Parking.
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.
practical difficulties include, but are not limited to, inadequate access to direct sunlight for
solar energy sYstems.
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Finding: The proposed home's depth is not excessive, reduces some of the exiting
nonconformities on the site, and is a reasonable use of the property. It would not be possible
to construct typical home on this site without a setback or hardcover variance.
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 plight of the landowner is due to the fact that the property is less than 44
percent of the minimum lot area required of new lots. With 40 feet of lot width, there is an
unusually narrow buildable area. This situation was not created by the landowner as the lot
was created prior to the adoption of the city's zoning code.
e. The variance, if granted, will not alter the essential character of the locality
Finding: This is one of the city's oldest neighborhoods and it has seen a substantial amount of
tumover in housing stock leading to a blend of architectural styles. Nearly half of the properties
within 500 feet have received front yard setback variances and numerous other properties in the
area have non-conforming front yard setbacks. Given the commonness of reduced side yard
setbacks in the neighborhood, staff does not believe that the request variance would represent a
departure from the neighborhood's current norms nor would it be expected to negatively impact
the surrounding properties.
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 #2023-15, dated July 18,2023, prepared by Robert Generous et al, is
incorporated herein.
DECISION
The Planning Commission approves the requested for side yard setbacks (eight feet east, 7.9 feet
west, and 4.9 feet for the walkway canopy, lot cover of 27.3 percent for the construction of a home),
subject to the following conditions:
1. The proposed building setbacks shall comply with the plan prepared by Everson Architects
dated 0611612023.
2. A building permit must be obtained prior to demolishing any structures on the site and before
beginning any construction on the site.
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3. Building plans must provide sufficient information to veriff that the proposed building meets
all requirements of the Minnesota State Building Code, additional comments or requirements
may be required after plan review
4. A building permit must be obtained before beginning any construction.
5. Retaining walls (if present) more than four feet high, measured from the bottom of the
footing to the top of the wall, must be designed by a professional engineer and a building
permit must be obtained prior to construction. Retaining walls (if present) under four feet in
height require a zoning permit.
6. Any portion of the retaining wall on private property is to be owned and maintained by the
property owner.
7. If any soil corrections are done on the property a final grading plan and soil report must be
submitted to the Inspections Division before permits will be issued.
8. A permanent l0-foot native vegetated buffer adjacent to the lake with permanent buffer signs
must be installed along the shoreline using species native to the ecotype. Buffer strip
averaging may be used to achieve the total buffer area required. Altemative designs including
the use of Best Management Practices (BMPs) such as rain gardens would also be considered
for approval. The buffer or BMP design may be configured around the path and stairs.
Design plans must be approved by the Water Resources Engineer.
9. A buffer and/or BMP agreement describing the precise location and extent of the buffer strip
or BMP, as well as the restrictions and maintenance for activities within the buffer strip
and/or BMP, 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.
10. 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 Minnehaha Creek Watershed District, and all applicable permits shall be obtained
prior to any site improvements.
ADOPTED by the Chanhassen Planning Commission this 18th day of July, 2023.
CITY OF CHANHASSEN
BY:
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